E.D. Kentucky cuts social security fee award 8.1% over clerical work

What happened

The fee applicant in Bowman v. SSA sought $6,536.88 in attorney and paralegal fees under the Equal Access to Justice Act. Judge Gregory F. Van Tatenhove awarded $6,006.88, a reduction of $530, or 8.1%. The court found that clerical work had been billed as legal work and excised all but 0.7 hours from the requested paralegal hours. The figures do not include costs.

What the court said

Accordingly, the Court will excise all but 0.7 hours from the requested paralegal hours.

Why it matters

The order shows that courts separate clerical tasks from legal work when reviewing fee petitions and will reduce billed paralegal time that reflects clerical duties, even in a modest EAJA request where the cut is small relative to the total 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

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.