W.D. Arkansas cuts social security fee award 6.9%, including for clerical work
Toups v. Social Security Administration Commissioner, No. 5:23-cv-05006. District Court, W.D. Arkansas, Judge Timothy L. Brooks. Decided . Read the opinion
- Requested
- $7,097.25
- Awarded
- $6,605.40
- Cut
- 6.9%$491.85
Social Security · Equal Access to Justice Act
What happened
The fee applicant sought $7,097.25 in attorney fees under the Equal Access to Justice Act. The court awarded $6,605.40, a reduction of $491.85 or 6.9%. It excluded 0.25 hours for a November 18, 2022 entry that involved reviewing notes, correcting a calendar entry, and instructing paralegals, treating that as clerical work. It also excluded 0.85 hours of 2023 entries for staff and counsel efforts to contact the plaintiff and staff communications, and cut 1.0 hour of 2023 time to correct for double-billing.
What the court said
an entry on November 18, 2022, regarding reviewing notes, correcting a calendar entry, and instructing paralegals (.25) should be excluded
The court also reduced the award for: other, duplicative staffing.
Why it matters
The ruling shows that courts will separate clerical tasks and internal staff communications from compensable legal work, and will reduce hours for duplicative staffing even when the overall request is modest. Time entries that do not distinguish legal work from administrative tasks are vulnerable to line-item cuts.
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
Toups v. Social Security Administration Commissioner, No. 5:23-cv-05006 (W.D. Ark. May 9, 2024) 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.
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