Colton v. Commissioner Social Security Administration
3:15-cv-01962
D. Or.Nov 8, 2017Background
- Plaintiff sought attorney fees and costs under the Equal Access to Justice Act (EAJA), requesting $7,672.17.
- Magistrate Judge Clarke issued an F&R recommending EAJA fees but reducing the award to $6,094.45.
- Dispute centered on 3.8 hours counsel billed for drafting objections to Magistrate Clarke's earlier F&R that had recommended reversal and remand in part.
- Commissioner did not contest plaintiff's entitlement to EAJA fees but challenged the full amount claimed.
- The district judge reviewed the F&R de novo after plaintiff objected to the magistrate judge's EAJA recommendation and adopted the magistrate judge's analysis in full.
- The court awarded $6,901.45 in EAJA fees and rejected plaintiff's contention that filing objections was necessary to preserve the right to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff is entitled to EAJA fees | Entitled to full $7,672.17 billed | Entitled to EAJA fees but not the full amount claimed | Court awarded EAJA fees but reduced amount to $6,901.45 |
| Compensability of 3.8 hours spent drafting objections to earlier F&R | Objections were necessary to preserve appellate rights; hours are recoverable | Those hours should be disallowed/limited | Court adopted magistrate's reduction and did not award the full hours claimed |
| Whether failure to object to magistrate conclusions waives right to appeal | Filing objections was required or appeal waived | Failure to object to legal conclusions does not waive appeal | Court ruled failure to object to conclusions of law does not waive appellate review |
| Whether magistrate judge's F&R reducing fees contained error | Objection argued magistrate's reduction was improper | Magistrate's analysis was correct | Court found no error and adopted the F&R in full |
Key Cases Cited
- Gonzalez v. Sullivan, 914 F.2d 1197 (9th Cir. 1990) (failure to object to conclusions of law does not waive right to appeal)
- Baxter v. Sullivan, 923 F.2d 1391 (9th Cir. 1991) (distinguishing factual findings from legal questions in administrative-review appeals)
- Greenhow v. Secretary of Health & Human Services, 863 F.2d 633 (9th Cir. 1988) (discussing standards for review of administrative factual and legal determinations)