Legal Opinion
Michelle Dewalt v. Louis W. Sullivan, Secretary of Health and Human Services
Court of Appeals for the Third Circuit
Decided May 21, 1992No. 91-5199PublishedCited by 94 opinions
1Opinion of the Court
OPINION OF THE COURT
FULLAM, Senior District Judge.
Plaintiff-appellee, Michelle Dewalt, established her entitlement to an award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2414, after an eight-year struggle to obtain SSI benefits under Title XVI of the Social Security Act. The district court awarded fees calculated at the rate of $136.02 per hour. The narrow but important issue presented on this appeal is whether that hourly rate exceeds the maximum permissible under the statute.
The relevant statute provides:
The amount of fees awarded under this subsection shall be based…
2Cases cited6 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
- Silberman v. BogleCourt of Appeals for the Third Circuit · 1982
- Gennie Sullivan v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1992
- De Walt v. SullivanDistrict Court, D. New Jersey · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- United States v. Stephen A. KnoxCourt of Appeals for the Third Circuit · 1994
- Gates v. BarnhartDistrict Court, M.D. Florida · 2002
- Walter Kadelski v. Louis W. Sullivan, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1994
- Elcyzyn v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Annie HARRIS, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Defendant-AppellantCourt of Appeals for the Second Circuit · 1992
89 more not listed; retrieve them via the Exa API.