DONNA F. MARTINEZ, Magistrate Judge.
Plaintiff, Kenneth Stead, brought this action seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his applications for disability insurance benefits and supplemental security income. Plaintiff's counsel filed a motion to reverse the decision of the Commissioner and an accompanying memorandum of law on June 16, 2015. (Doc. #7.) Thereafter, on October 14, 2015, the parties agreed to remand the case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. #20.) The court entered judgment for plaintiff. (Doc. #22.)
Pending before the court is plaintiff's application for an award of attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). (Doc. #23.) Plaintiff's counsel seeks fees for 48.5 hours, plus 2.05 paralegal hours,
Under the EAJA, "a party prevailing against the United States in court, including a successful Social Security benefits claimant, may be awarded fees payable by the United States if the Government's position in the litigation was not `substantially justified.'"
EAJA fees are determined by "the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate."
Plaintiff's counsel seeks reimbursement for 48.5 hours, plus 2.05 paralegal hours. The Commissioner does not contest plaintiff's status as a prevailing party, or the hourly rates used by counsel. The Commissioner argues only that the hours sought are excessive. For the following reasons, I agree that some reduction of time is justified.
When determining the reasonableness of a fee request, the "[r]elevant factors to weigh include the size of the administrative record, the complexity of the factual and legal issues involved, counsel's experience, and whether counsel represented the claimant during the administrative proceedings."
Here, the transcript was over a thousand pages and plaintiff submitted a thorough, forty-one page brief. Although lengthy, the size of this administrative record is not unusual, nor is it unduly burdensome considering counsel's familiarity with the underlying administrative proceedings. Additionally, a review of submissions filed by plaintiff's counsel in other cases reveals that portions of the brief in this case, such as legal standards and supporting case law, appear to be form language substantially the same as prior motions.
The Commissioner takes issue with a number of billings for tasks involving review of court filings and return receipts, which it argues are not compensable under the EAJA. Hours spent performing clerical tasks such as filing the complaint and receiving return of service are not compensable under the EAJA.
Unlike clerical tasks such as filing the complaint, the time charged for counsel's review of ECF notices is appropriate. "[W]ith electronic filing, ECF notices have taken the place of pleadings . . . [and] the review of pleadings has always been work performed by counsel," so the time spent reviewing electronic filing notices should be compensable.
The Commissioner challenges the time plaintiff's counsel spent researching what it argues are routine issues in social security cases. The Commissioner contends not only that this case is not novel, unusually complex, or otherwise time consuming, but that plaintiff's counsel is well-versed and familiar with social security law.
A review of counsel's detailed time records reveals that some entries for researching case law are repetitive and excessive. For example, on June 3, 2015, counsel made two entries (0.90 and 1.20 hours) for researching case law cited by the Administrative Law Judge regarding "checklist forms." On June 8, 2015, she billed another 0.20 hours for researching the same issue. Notably, she spent only 0.20 hours drafting an argument on checklist forms. Reviewing these and other similar entries, it is appropriate to reduce the fee award by an additional 5.25 hours.
For the reasons set forth above, plaintiff's counsel is awarded fees for 43.05 hours, billed at a rate of $196.10 per hour, for a total of $8,442.11. The total paralegal hours are 1.85, billed at a rate of $115 per hour, for a total of $212.75.
Attorney fees are awarded in the amount of $8,654.86, plus costs in the amount of $51.75, for a total award of
This is not a recommended ruling because the parties consented to the Magistrate Judge's entering a final order in this case without the need for entry of a recommended ruling and review by a District Judge.
SO ORDERED.