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Chynoweth v. Sullivan

United States Court of Appeals for the Tenth Circuit
920 F.2d 648 (1990)


Facts

Mary Chynoweth (plaintiff) sued the Secretary of the Department of Health and Human Services (Secretary) (defendant) regarding the denial of her disability benefits. Chynoweth sought attorney’s fees under the Equal Access to Justice Act (EAJA). The court awarded attorney’s fees at an hourly rate in excess of the statute’s $75 cap to account for cost-of-living increases. The court denied Chynoweth’s request that it further increase the hourly rate due her attorney’s expertise in social security disability law. Chynoweth appealed.

Rule of Law

Issue

Holding and Reasoning (Baldock, J.)

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