Abuse Of Discretion To Reduce Number Of Attorney Hours When Considering Award Of Attorney Fees.

In a social security case, the lawyer requested compensation under the Equal Access to Justice Act [EAJA; 28 U.S.C. §2412(d)]. The magistrate determined the 60.5 hours the claimant’s attorney spent working on the case were excessive. He reduced the number of hours to 41.1. The Ninth Circuit reversed and stated:  “We hold that it is improper for district courts to apply a de facto cap on the number of hours for which attorneys may be compensated under the EAJA in a ‘routine’ case challenging the denial of social security benefits. Rather individualized consideration must be given to each case.” Costa v. Commissioner of Social Security Administration (Ninth Circuit; August 24, 2012) (Case No. 11-35245).