D. Utah cuts social security fee award 10.9%, including for clerical work

What happened

The plaintiff in Nimmo v. Bisignano sought $8,174 in attorney and paralegal fees under the Equal Access to Justice Act. Judge Dale A. Kimball awarded $7,281.50, a reduction of $892.50. The court cut one paralegal hour for clerical tasks, finding that only the TOP debt investigation and downloading the administrative record were non-compensable. It also reduced the March 14, 2025 entry by three hours, a $772.50 cut, for excessive hours.

What the court said

the court finds that only the TOP debt investigation and downloading the administrative record were non-compensable clerical tasks... the court reduces Plaintiff’s requested paralegal hours by one hour at a rate of $120.00 per hour.

The court also reduced the award for: excessive hours.

Why it matters

The ruling shows that courts separate clerical tasks from legal work when reviewing time records and will trim entries that are insufficiently specific or excessive, even in modest EAJA requests. It also shows that a small number of challenged entries can produce a measurable reduction in the final award.

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.