Jeanette Neil v. Commissioner of Social Security

MEMORANDUM

After successfully challenging the denial of her application for Social Security disability insurance benefits in the district court, Neil moved for $4,998.69 in attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d). The requested fees were based on 26.5 hours billed by Neil’s lead counsel and a junior attorney. The district court awarded Neil $4,411.65, reflecting a downward adjustment of $587.04, to account for improperly billed clerical tasks, inadequately explained and vague billing entries, and block billing. Neil then filed a Rule 59(e) motion to alter or amend the judgment, which the district court denied. This appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Under the EAJA, a prevailing party in a suit against the United States for review of an agency action is entitled to an award of attorney’s fees unless “the position of the United States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. § 2412 (d)(1)(A). However, such an award must be reasonable. Id. § 2412(d)(2)(A). “A fee applicant should maintain billing records in a manner that enables a…