W.D. Arkansas cuts social security fee award 6.2%, including for clerical work

What happened

The fee applicant in Marrero v. Social Security Administration Commissioner sought $7,644.75 under the Equal Access to Justice Act. Judge Christy Comstock awarded $7,172.75, a reduction of $472.00 or 6.2%. The court reduced the compensable hours from 3.75 to 2.25, a cut of 1.5 hours, because it found the hours excessive. It also reduced 0.5 hours billed for clerical tasks. The figures do not include costs.

What the court said

Another .5 hours will be reduced from the billing for counsel's billing for clerical tasks.

The court also reduced the award for: excessive hours.

Why it matters

The order shows that a district court will trim an EAJA fee request for hours it considers excessive and will separate clerical tasks from compensable legal work, reducing the award accordingly even when the overall cut 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

See hourly rates the W.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.