Barriger v. Bowen
This memorandum decision and order addresses an application for attorney's fees by plaintiff Bessie L. Barriger, following a court reversal of a Social Security Administration decision that awarded her past-due benefits. Barriger sought fees under both 42 U.S.C. § 406(b) and the Equal Access to Justice Act (EAJA), with the defendant Secretary of Health and Human Services challenging certain billed hours. The court ruled that hours spent on a default motion, which directly related to the substantive claim due to the government's delay, were compensable, and found the time spent on the fee application reasonable. However, clerical tasks such as mailing and serving were deemed non-compensable. The court further clarified that the fee limitation under § 406 does not restrict EAJA recovery, establishing a protocol for attorneys to refund the smaller amount to the client when both fee awards are received. The final award for EAJA fees was $3,244.89, with administrative fees to be disbursed separately.