W.D. Kentucky cuts social security fee award 34.8%, including for clerical work

What happened

The fee applicant in Banks v. Commissioner of Social Security sought $9,994 under the Equal Access to Justice Act. Judge Regina S. Edwards awarded $6,514, a reduction of $3,480. The court cut 20 hours credited for reviewing and writing notes on the record, leaving 28.4 hours and total attorney time of 39.5 hours, a $2,800 reduction. The court also reduced paralegal hours from 10.9 to 4.1, cutting $680 for 6.8 hours billed as clerical work.

What the court said

The Court finds that the number of hours credited for paralegal work should be reduced from 10.9 hours to 4.1 hours. Accordingly, Atkins' fee award will be reduced by $680.00 (6.8 hours at $100.00/hour) for the clerical entries discussed above.

The court also reduced the award for: excessive hours.

Why it matters

The ruling shows that courts will examine whether time entries describe legal work rather than clerical tasks, and will reduce hours found excessive even in a modest fee request. Both the number of hours claimed and how each entry is characterized affect the final award.

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 W.D. Kentucky approves and attorney fee motions in Kentucky 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.