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Chynoweth v. Sullivan

United States Court of Appeals for the Tenth Circuit

920 F.2d 648 (1990)

Relevant factsFree

Mary Chynoweth (plaintiff) successfully sued the Secretary of Health and Human Services (defendant) over denied disability benefits and sought attorney's fees under the Equal Access to Justice Act (EAJA). The district court already raised the statutory $75-per-hour cap for cost-of-living increases but declined to raise it further based on her attorney's expertise in social security disability law, and Chynoweth appealed that refusal.

IssueFree

Whether social security benefits law is a specialized practice area justifying enhancement of the EAJA's hourly attorney-fee rate above the statutory cap.

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