Pirus v. Bowen case brief summary

Pirus v. Bowen case brief summary
869 F.2d 536 (1989)

CASE SYNOPSIS

Defendant, Secretary of the Department of Health and Human Services, appealed the award of attorney fees and enhancements under 28 U.S.C.S. § 2412(d) of the Equal Access to Justice Act, to plaintiff, class of social security claimants, by the United States District Court for the Central District of California. Defendant argued that legislative history supported his interpretation of § 2412(d).

CASE FACTS
Plaintiff, class of social security claimants, challenged a denial of benefits under C.F.R. 404.336(e)(4), interpreting 42 U.S.C.S. § 402(e)(1)(a). The district court granted plaintiff's motion for summary judgment, after which plaintiff petitioned for attorney fees from defendant, Secretary of the Department of Health and Human Services, under 28 U.S.C.S. § 2412(d) of the Equal Access to Justice Act (EAJA). The district court awarded the fees and fee enhancements. Defendant appealed. The court affirmed.

DISCUSSION:

• The court held that defendant's position was not substantially justified. 
• Therefore, plaintiff was entitled to recover attorney's fees under the EAJA. 
• The court affirmed the enhanced fees over the amount permitted by the EAJA. 
• The district court had correctly considered the special expertise of the attorneys that was necessary because the litigation involved a complex area of the Social Security Act, their unique familiarity with plaintiff's entitlement to benefits, and the fact that these qualifications could not be obtained elsewhere except at rates in excess of the cap in § 2412(d). 
• The district court's findings were not clearly erroneous.

OUTCOME

The court affirmed the district court's award of attorney fees and fee enhancements to plaintiff, class of social security claimants, from defendant, Secretary of the Department of Health and Human Services, under the Equal Access to Justice Act (EAJA). Defendant's position was not substantially justified so a fee award was proper under the EAJA. Fee enhancements were proper because of the required expertise of plaintiff's attorneys.

Recommended Supplements for Administrative Law
Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)