Bielec v. Bowen

OPINION

GERRY, Chief Judge:

This is a motion by plaintiff, John J. Bielec, Jr., for an award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Plaintiff contends that such an award is appropriate because the Secretary’s opposition to his ultimately successful Social Security appeal was not “substantially justified.” Further, plaintiff argues that his attorney’s fees should be fixed above the $75.00 per hour limit set by the statute, 28 U.S.C. § 2412(d)(2)(A), both to reflect a cost of living increase and in recognition of “the limited availability of qualified…