N.D. New York cuts social security fee award over clerical work | LegalTime AI

N.D. New York cuts social security fee award over clerical work

Carista v. Commissioner of Social Security, No. 5:24-cv-00568. District Court, N.D. New York, Judge Brenda K. Sannes. Decided . Read the opinion

The court applied the reductions below but did not state requested and awarded totals we could check against the opinion, so no overall percentage is shown.

Social Security · Equal Access to Justice Act · Fee applicant's counsel: Olinsky Law Group

What happened

Olinsky Law Group, counsel for the plaintiff in a social security case, sought fees under the Equal Access to Justice Act for 69.8 hours. The court agreed that preparing the administrative record for attorney review is not substantive legal work and is not recoverable under the EAJA. It reduced the request by 4.0 hours for that clerical work. The court did not state total dollar amounts for the request or the award.

What the court said

Clerical work billed as legal work
The Court agrees that preparing the administrative record for attorney review does not involve substantive legal work and is therefore non-recoverable under the EAJA.

Why it matters

The ruling shows that courts separate clerical tasks from legal work when reviewing time records on an EAJA petition, and that hours spent preparing the administrative record for review may be excluded even when the overall request is otherwise supported.

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

Carista v. Commissioner of Social Security, No. 5:24-cv-00568 (N.D.N.Y. July 31, 2025)

See hourly rates the N.D. New York approves and attorney fee motions in New York 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.

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