Gidcumb v. Secretary, Department of Health & Human Services

650 F. Supp. 96, 1986 U.S. Dist. LEXIS 16272, 16 Soc. Serv. Rev. 513
CourtDistrict Court, W.D. Kentucky
DecidedDecember 18, 1986
DocketNo. C 84-0694-L(B)
StatusPublished
Cited by1 cases

This text of 650 F. Supp. 96 (Gidcumb v. Secretary, Department of Health & Human Services) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gidcumb v. Secretary, Department of Health & Human Services, 650 F. Supp. 96, 1986 U.S. Dist. LEXIS 16272, 16 Soc. Serv. Rev. 513 (W.D. Ky. 1986).

Opinion

MEMORANDUM

BALLANTINE, District Judge.

This social security matter is before the Court on the motion of plaintiff’s counsel for attorney’s fees in excess of $19,000.00, including an award under the Equal Access to Justice Act, Title 28 U.S.C. § 2412 (EAJA). Because the Court finds the request to be so unreasonable as to boggle the mind, it will be necessary to review in some detail the services for which compensation is sought.

INTRODUCTION

Although there is reference to a “voluminous file”,1 in this action, the Court finds that the entire administrative record is only 170 pages in length. Included in that record are some 15 to 20 pages of EKG tracings, most of which bear the all-too-common rubber stamp legend, “Best obtainable copy.” There are 20 pages of physicians’s reports and 22 pages of hospital records. Also included in the administrative record are the usual social security forms and notices. The administrative record can hardly be described as voluminous.

Turning to the Court record, there are 27 filings in the record. Included in these filings are the Court’s standard briefing schedule order,2 five motions for extensions of time, and five orders granting extern sions of time. There are also several routine orders and miscellaneous filings. The court record can hardly be described as voluminous.

[98]*98The Secretary has withheld $13,428.60 from past-due benefits for attorney’s fees. With this figure before us, and mindful that maximum attorney’s fees are not to be awarded routinely in social security cases, Lewis v. Secretary, HHS, 707 F.2d 246 (6th Cir.1983), we examine counsel’s documentation of time spent.

I.

Particularly troubling to the Court are five entries styled, “Office visit” and two styled, “Meet with Client.” These entries account for 13.7 hours. It is inconceivable to the Court that an expenditure of this inordinate length of time is justified. Conceding that the first meeting with the client would require an explanation of procedures and the answering of questions, the Court, with some skepticism, will adopt the 2.6 hours assigned. The Court cannot accept 2.8 hours assigned on May 2, 1983, to “Discuss Medical Reports,” nor can the Court accept 2.5 hours on October 10,1983, to “Discuss Status of Social Security Claim.” The Court finds that 30 minutes for each of these meetings is reasonable.

We are also appalled by 2.8 hours allocated to “Draft Notice of Appeal” of the adverse decision of the Social Security Administration.

On a printed one-page form, HA-501 U5, other than the names, addresses and telephone numbers of plaintiff and his attorney, the only entry prepared by counsel is one sentence: “I am totally disabled due fo coronary disease and related emotional problems.” If the preparation of this form consumed more than 15 minutes, counsel should consider employing a more proficient typist.

II.

On October 21, 1983, counsel represents that he spent 2.5 hours in a meeting with his client to prepare for the hearing before the AU. Since the hearing lasted 1 hour and 1 minute (Tr. 24, 58), about one-third of which consisted of testimony from a vocational expert, the Court finds that 2.5 hours in preparation is palpably unreasonable and that 1 hour is an ample period of time for preparation.

III.

We turn next to counsel’s time spent in research and writing.

On October 20, 1983, counsel claims 3.8 hours for researching “Social Security law and cases.” On May 24, 1984, he spent another 6.5 hours in research. On October 10, 1984, he spent 2.3 hours in research. This research totals 12.6 hours for research in an area in which the issues are narrowly defined. The Court concludes that a routine social security appeal such as this case can be thoroughly researched in 3 hours, particularly by one as experienced as petitioner’s counsel. See Paragraph (3)(g) of counsel’s memorandum in support of petition for attorney’s fees.

On June 18, 1984, counsel claims 9.5 hours for drafting “Complaint, Brief, Etc.” On November 8, 1984, counsel claims 8.3 hours spent in “Draftpng] and Fil[ing] Motion for Summary Judgment and Brief.” Our review of the record discloses only one 8-page brief in support of plaintiff’s motion for summary judgment. The first 4 pages of that brief are a recitation of the procedural history and factual background of plaintiff’s difficulties.

The 8 cases cited in the brief do no more than support the almost mechanical allotment of the burden of proof in a social security case. To suggest that the preparation of the brief and the IV2 page form complaint required 17.8 hours strains credulity to the sticking point. Two hours would be an ample expenditure of time.

IV.

We turn next to the time claimed for proceedings before the Magistrate.

On December 20,1985, counsel claims 4.8 hours in preparing the Fact and Law Summary before the Magistrate.

Chief Magistrate Long has prepared a standard one-page summary of 11 items to be completed. After completing the face [99]*99of the form, counsel, on the reverse side thereof, cites the very same authorities in support of his argument that he advanced in the brief discussed above. Surely 1 hour is a generous allotment of time for this almost clerical task.

On January 7, 1986, counsel claims 4.5 hours for a review of his file in preparation of argument before Chief Magistrate Long. The Court would observe that counsel had been living with this case for almost 3 years. Why it should take 4V2 hours to prepare for an argument (about which we will have more to say) eludes us, and the Court finds 1 hour to be sufficient preparation time.

On January 10, 1986, counsel claims that he spent 2.5 hours in oral argument before Chief Magistrate Long. This is ridiculous. Chief Magistrate Long has told the Court that a 40-minute oral argument is considered unduly lengthy and the Court will approve 40 minutes as a reasonable length of time for argument.

Counsel has allotted 2.6 hours for a review of Chief Magistrate Long’s findings of fact and conclusions of law. The findings and conclusions are just over 7 pages in length. Counsel thus spent 22.5 minutes per page reviewing the findings and conclusions, an absurd amount of time, particularly when one considers that he had prevailed. The Court will approve 30 minutes, or 4V2 minutes per page.

V.

Other items which may reasonably be challenged are 2.7 hours to review the less than 6 pages of the decision of the Appeals Council (May 3, 1984), 2.7 hours to review the VA

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675 F. Supp. 379 (E.D. Michigan, 1987)

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Bluebook (online)
650 F. Supp. 96, 1986 U.S. Dist. LEXIS 16272, 16 Soc. Serv. Rev. 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gidcumb-v-secretary-department-of-health-human-services-kywd-1986.