PIRUS V. BOWEN
869 F.2d 536 (9th Cir. 1989)
NATURE OF THE CASE: This was an appeal by the Government (D) of an attorney award in
excess of the statutory limit.
FACTS: Pirus (P)s filed suit on behalf of herself and a class of similarly situated
individuals, challenging D's decision to deny benefits to spouses whose remarriages predated
their former spouses' deaths. The court granted summary judgment to the class. The district
court also granted P's petition for attorney's fees under the EAJA, awarding fees above the
statutory cap of $75 per hour. D appealed the attorney fees. The court reasoned that P's
attorneys were expert in the field of social security law. The court also found that there
were no lawyers in the community willing to undertake the case at the statutory rate.
Finally, the court noted that P's lawyers were uniquely situated to handle her case because
of their recent experience litigating a similar case, Bowen v. Owens, all the way to the
Supreme Court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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