Raines v. Shalala

44 F.3d 1355 (7th Cir. 1995)

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Nature of the Case

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Facts

P applied for both social security disability insurance benefits and supplemental security income on the ground that a back injury and psychological impairments caused his disability. His applications were denied at all administrative levels. After a hearing, an ALJ determined that P had neither physical nor psychological impairments that imposed significant limitations on his ability to work. The Appeals Council's denial of P's request for review of the ALJ decision. P filed a civil action for judicial review of D's decision. The district court decided that the ALJ had committed an error of law by failing to develop fully the mental impairment issue, and remanded the case to D. On remand, the ALJ issued a favorable decision granting P's benefits. P then filed a petition for EAJA attorney fees and expenses in the district court. P's attorney requested $175.00 per hour for attorney fees with the practice of social security law being a specialty factor. The total award was $13,212.50 in fees, for 75.5 hours at $175.00 per hour, and $732.90 in expenses. D appealed.