E.D. Arkansas cuts social security fee award 22%, including for clerical work

What happened

The fee applicant sought $7,571.89 in attorney and paralegal fees under the Equal Access to Justice Act. The court awarded $5,903.34, a reduction of $1,668.55 or 22.0%. It cut 2.4 hours as excessive for record review and brief preparation, reduced time for clerical tasks billed as legal work, including 3.1 hours and 1.0 hour, and adjusted fees on fees by 0.6 hours. The court sustained the Commissioner's objection to 3.10 hours of clerical tasks.

What the court said

The Court awards 1.1 hours—0.5 hours of attorney time and 0.6 hours of paralegal time—for tasks related to preparing Mr. Warner’s application to proceed in forma pauperis and to service of process.

The Court sustains the Commissioner’s fourth objection to 3.10 hours expended by Mr. Warner’s counsel on what the Commissioner characterizes as non-compensable clerical tasks. The Court reduces the time spent and fee requested, accordingly.

The court also reduced the award for: excessive hours, fees on fees.

Why it matters

The ruling shows that courts will reduce EAJA fee awards when time entries include clerical tasks billed as legal work, excessive hours, or fees on fees, and that specific objections to such entries can lead to hour-by-hour cuts.

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 E.D. Arkansas approves and attorney fee motions in Arkansas 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.