Chynoweth v. Sullivan

920 F.2d 648 (10th Cir. 1990)

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Nature of the Case

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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 argued that her attorney's expertise in Social Security disability law constituted a 'special factor.'