Mathews-Sheets v. Astrue

Dist. Ct. erred in awarding plaintiff $6,625 in attorney fees under Equal Access to Justice Act as prevailing party in claim seeking social security disability benefits where plaintiff sought $25,200in fees based in part on requested $225 per hour rate. While record was ambiguous as to number of hours sought by plaintiff's counsel, Dist. Ct. could not reduce hourly rate to $125 statutory ceiling based on belief that supporting evidence contained in plaintiff's reply brief was submitted too late. On remand, though, plaintiff may attempt to justify higher rate (i.e. $170 per hour) on cost of living adjustment, but must also show that inflation has increased cost of providing adequate legal service to person seeking relief against govt.