Eleventh Circuit cuts social security fee award 23.6% over block billing

What happened

Amanda Smith sought attorney fees under the Equal Access to Justice Act after prevailing in her social security case against the Commissioner of Social Security. She requested $7,289.68 for 29.8 hours. The Eleventh Circuit awarded $5,567.56, a reduction of $1,722.12 or 23.6%. The court reduced a subset of block-billed entries by 40% because the entries did not show how much time counsel spent on each specific task mentioned.

What the court said

The court explained that those entries would be reduced by 40% "because there is no way to determine the amount of time counsel spent on each of the specific tasks mentioned in the block-billed entries."

Why it matters

The ruling shows that appellate courts will reduce fees when block-billed entries do not separate time by task, even in a modest EAJA request. It reinforces that time records must allow the court to check the reasonableness of each charged task.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

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.