D. Arizona cuts social security fee award 0.2% over clerical work

What happened

The plaintiff in a social security case sought $32,029.88 in fees under the Equal Access to Justice Act for 127.8 hours. The court awarded $31,962.34, a reduction of $67.54. It reduced the request by $740, representing 7.4 hours of paralegal work, to account for clerical work billed as legal work. It also accepted the plaintiff's proposed reduction of 4 hours, totaling $1,007.36, which the court said removed all clerical work from the bill.

What the court said

to account for paralegal billing of clerical work, the fee request is reduced by $740, representing 7.4 hours at the hourly rate of $100 for paralegal work.

The Court will accept Plaintiff's proposed reduction of 4 hours at $251.84 per hour, totaling $1,007.36. The Court agrees this excises all clerical work from the bill.

Why it matters

The ruling shows that courts separate clerical tasks from legal work when reviewing fee petitions and will reduce awards for time recorded as legal work that is clerical in nature. It also shows courts may accept a party's own proposed reduction where it removes the disputed time.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the D. Arizona approves and attorney fee motions in Arizona federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.