Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RANDOLF SCOTT,
Plaintiff,
v. 	No. 2:25-cv-0696 DLM
FRANK BISIGNANO,
Commissioner of the Social
Security Administration,
Defendant.
ORDER GRANTING IN PART MOTION FOR ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT
THIS MATTER is before the Court on Plaintiff Randolf Scott’s Motion for Award of
Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. 16.)
The Commissioner has no objection to the request. (See Doc. 17 at 1.) Having considered the
briefs, the documents in support of the motion, and the relevant authority, the Court finds the
motion should be GRANTED IN PART.
The party requesting EAJA fees has the burden to establish the reasonableness of both the
hourly rate and the number of hours worked. See Hensley v. Eckerhart, 461 U.S. 424, 437 (1983).
“Ultimately, the amount of the attorney’s fees to be awarded is a decision that lies within the
Court’s discretion.” Roxanne C. v. Colvin, No. 2:23-cv-0233 GBW, 2025 WL 89295, at *2
(D.N.M. Jan. 14, 2025) (citing Pierce v. Underwood, 487 U.S. 552, 571 (1988)). Even when the
Commissioner does not raise specific objections to the fee calculations or total fee request, the
Court must still review the request for reasonableness. See Conway Gomez v. Bisignano, No. 1:24-
cv-0926 DLM, 2026 WL 575771, at *4 (D.N.M. Mar. 2, 2026) (citing D.M.C. v. Kijakazi, No. 21-
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1276 DDC, 2022 WL 2663991, at *2 (D. Kan. July 11, 2022)).
Scott’s attorney seeks $1,058.20 in fees for 4.2 hours of work performed by his attorneys,
which reflects an hourly rate of $252.00. (See Doc. 16 at 1.) The Court will grant the request in
part. The timesheet submitted reflects that the hours claimed include time spent filing initiating
documents, filing the opening brief, and tabulating hours. (See Doc. 16-2 at 1.) These tasks are
clerical in nature, and “clerical work and overhead expenses are not compensable” under the
EAJA. See Villalobos, 2016 WL 10179289, at *2 (citing 28 U.S.C. § 2412(d)(1)(A); Montoya v.
Colvin, No. 1:14-cv-0836 LH/SMV, 2015 WL 13651170, at *3 (D.N.M. Dec. 16, 2015), R&R
adopted, 2016 WL 10592306 (D.N.M. Jan. 11, 2016)) (subsequent citations omitted). The Court
will exercise its discretion to reduce the claimed time by 0.5 hours, as Scott’s attorneys cannot be
compensated for filing documents or adjusting timesheets. See Villalobos, 2016 WL 10179289, at
*2.
Consequently, the total attorney fee award is: $252.00/hour x 3.7 hours = $932.40.
Together with costs of $405.00, the Court will award $1,337.40.
IT IS THEREFORE ORDERED that Plaintiff Randolf Scott’s Motion for Award of
Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Doc. 16) is
GRANTED IN PART.
IT IS FURTHER ORDERED that attorney fees are awarded under the EAJA, payable to
Plaintiff but mailed to Plaintiff’s attorney in the amount of $932.40 in attorney fees and $405.00
in costs. See Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are paid to the prevailing party, not
the attorney).
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IT IS FURTHER ORDERED, that if Plaintiff’s counsel receives attorney fees under both
the EAJA and 42 U.S.C. § 406(b) of the Social Security Act, Plaintiff’s counsel shall refund the
smaller award to Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
_______________________________________
DAMIAN L. MARTINEZ
UNITED STATES MAGISTRATE JUDGE
Presiding by Consent
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