S.D. Ohio cuts social security fee award 3% over clerical work | LegalTime AI

S.D. Ohio cuts social security fee award 3% over clerical work

Case Name in Social Security Case - Unavailable, No. 2:22-cv-03458. District Court, S.D. Ohio, Judge Peter B. Silvain, Jr.. Decided . Read the opinion

Requested
$8,404.86
Awarded
$8,148.86
Cut
3.1%$256

Social Security · Equal Access to Justice Act

What happened

The fee applicant sought $8,404.86 under the Equal Access to Justice Act in a social security case. The court awarded $8,148.86, a reduction of $256, or 3%. The court found that the first, third, fourth, and fifth time entries, totaling 3.2 hours, described clerical tasks and were therefore not compensable under the EAJA. The figures do not include costs.

What the court said

Clerical work billed as legal work · $256
the first, third, fourth, and fifth entry are clerical and therefore not compensable under the EAJA

Why it matters

The ruling shows that courts review individual time entries on a fee petition and will separate clerical tasks from legal work, reducing the award for the clerical portion even when the overall request is modest.

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

Case Name in Social Security Case - Unavailable, No. 2:22-cv-03458 (S.D. Ohio May 23, 2024)

See hourly rates the S.D. Ohio approves and attorney fee motions in Ohio 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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