W.D. New York cuts social security fee award 4.8% over clerical work | LegalTime AI

W.D. New York cuts social security fee award 4.8% over clerical work

Douglas v. Commissioner of Social Security, No. 6:23-cv-06150. District Court, W.D. New York, Judge David G. Larimer. Decided . Read the opinion

Requested
$14,015.63
Awarded
$13,341.53
Cut
4.8%$674.10

Social Security · Equal Access to Justice Act

What happened

The plaintiff in a Social Security disability case sought $14,015.63 in attorney fees under the Equal Access to Justice Act for 59.2 hours. The Commissioner objected to certain entries as clerical. Judge David G. Larimer agreed that the challenged entries represented non-compensable clerical tasks and reduced the award by $674.10, or 4.8%, awarding $13,341.53. The figures do not include costs.

What the court said

Clerical work billed as legal work
After reviewing the challenged entries, I agree with the Commissioner that they represent non-compensable, clerical tasks.

Why it matters

The ruling shows that courts will separate clerical tasks from legal work when reviewing time records on a fee petition, and that even a small set of entries can reduce the award. It also shows that a specific objection from the opposing party can lead the court to examine individual time entries closely.

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

Douglas v. Commissioner of Social Security, No. 6:23-cv-06150 (W.D.N.Y. Aug. 27, 2024)

See hourly rates the W.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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