United States Second Circuit

In a dispute arising from the reduction of an award of attorney's fees following the successful appeal of an administrative order denying a claim for social security disability benefits, judgment of the district court is reversed because failure of claimant's counsel to develop the administrative record as to issues collateral to the disability determination does not constitute a special circumstance warranting a fee reduction under the Equal Access to Justice Act, and where the court abused its discretion in reducing the fee award based on its sua sponte critique of counsel's billing records and its assessment that the time billed was excessive.

Appellate Information

• Decided 07/08/2011
• Published 07/08/2011

Judges

• WALKER

Court

• United States Second Circuit

Counsel