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· 8/24/2009

Bryant v. Commissioner of Social Security

Citations

  • 578 F.3d 443
  • 2009 WL 2581293

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff may not simply rely on the Department of Labor’s Consumer Price Index to argue that the rate of inflation supports an increase of fees
  • acknowledging adverse consequences of requiring EAJA payments directly to litigants but nonetheless enforcing plain language of the statute
  • “Awarding these fees to plaintiffs arguably makes it less certain that attorneys taking these cases will be paid. These are legitimate concerns worthy of Congressional consideration.”
  • affirming the district court’s decision to decline to vary upward from the $125 statutory rate when the plaintiff did not provide sufficient evidence showing an increase in that case was warranted
  • “whether the Plaintiffs were entitled to an increase in the hourly attorney-fee rate is reviewed for abuse of discretion”
  • “[W]e are persuaded by the plain language of the EAJA and conclude that the prevailing party, and not her attorney, is the proper recipient of attorney fees under the EAJA.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole, Cook, Cohn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.