Sprinkle v. Colvin

Dist. Ct. erred in awarding successful claimant in underlying appeal of denial of his application for SSI benefits only $125 per hour statutory cap for attorney fees under Equal Access to Justice Act (EAJA), even though claimant’s attorney argued that claimant was entitled to $173.38 per hour in attorney fees based upon cost-of-living increase and on fact that claimant’s attorney and others charged at least $250 per hour for non-contingency legal work. While Dist. Ct. denied requested rate based in part on claimant’s failure to show that no competent attorney within relevant geographical area would take case at $125 per hour statutory cap, Ct. of Appeals, in altering its holding in Mathews-Sheets, 653 F.3d 560, found that EAJA claimant can establish request for cost-of-living adjustment for attorney fees by using Consumer Price Index, as well as proof that requested rate did not exceed prevailing market rate for performing relevant legal services.