Reported / Citable
Background
William Francisco Rios sought disability benefits from the Social Security Administration. After Rios filed his merits brief, the Commissioner filed an unopposed motion to remand, which the court granted.
As the prevailing party, Rios moved under the Equal Access to Justice Act for $9,999 in attorney fees and $405 in costs. He sought compensation for 43.2 attorney hours at $240.71 per hour and 3.3 paralegal hours at $100 per hour, with payment directed to his counsel.
The Court’s Holding
Judge Jason Pulliam granted the EAJA motion in part and denied it in part. The court reduced counsel’s hourly rate to $200, finding that counsel had not supported the requested $240.71 rate with argument or proof, while concluding that a cost-of-living adjustment justified a rate above EAJA’s $125 statutory cap. The court allowed the requested $100 hourly rate for the paralegal’s legal, rather than clerical, work.
The court also reduced attorney time from 43.2 to 30 hours because the itemization reflected redundant and excessive billing for briefing and medical-record review and exceeded what was typical in remanded cases. It awarded $6,330 in fees, plus the $405 filing fee, for a total of $6,735. The award must be payable directly to Rios and sent to his counsel.
Key Takeaways
- EAJA applicants must substantiate requested hourly rates above the $125 statutory cap.
- Courts may reduce claimed hours when billing appears excessive, redundant, or unsupported.
- EAJA awards belong to the prevailing claimant, not counsel, even if counsel seeks direct payment.
Why It Matters
The order illustrates that an unopposed EAJA fee request remains subject to independent review for reasonable rates and hours. In Social Security remand cases, fee petitions should support cost-of-living adjustments and show billing judgment.
The decision also reinforces that EAJA payment is made to the claimant, subject to any applicable offset, while preserving the claimant’s ability to seek separate fees under 42 U.S.C. § 406(b).