D. Utah cuts social security fee award 45.6%, including for clerical work

What happened

The fee applicant sought $16,238 in attorney and paralegal fees under the Equal Access to Justice Act in a social security case. The Commissioner asked the court to halve the 54.5 hours sought for review and briefing to 27.25 hours, to strike time spent by the attorney and paralegal on clerical or overhead tasks that are not compensable under the EAJA, and to reduce certain paralegal time. The court awarded $8,826.78, a reduction of $7,411.22, or 45.6%.

What the court said

Commissioner also requests the court strike time spent by the attorney and paralegal in clerical or overhead tasks which are not compensable under the EAJA.

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

Why it matters

The ruling shows that courts will separate clerical and overhead tasks from compensable legal work on an EAJA petition, and that a party's specific objections to hours can move the award even without a line-by-line audit of every entry.

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 D. Utah approves and attorney fee motions in Utah 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.