CHYNOWETH V. SULLIVAN
920 F.2d 648 (10th Cir. 1990)
NATURE OF THE CASE: Chynoweth (P) appeals from a district court ruling denying her
request to exceed the $75 per hour cap on attorney's fees.
FACTS: P filed a claim with the Social Security Administration for Disabled Widow's
Insurance benefits. It was denied following an administrative hearing and the denial was
affirmed on appeal. P then sought judicial review. P won and on remand, the ALJ applied the
standard enunciated by the district court and found P entitled to benefits. P petitioned for
attorney's fees of $130 per hour as counsel indicated that he was a specialist in Social
Security benefits law and had litigated many cases in federal court involving disability
benefits. The district court found P was entitled to attorney's fees under EAJA. Exercising
its discretion, the court increased the EAJA hourly rate of $75 to $96.75 to allow for
cost-of-living increases. P appealed and argues that her attorney's expertise in Social
Security disability law constituted a 'special factor.'
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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