United States Fourth Circuit

Because plaintiffs were the prevailing parties in settlement agreement-litigation, and the SSA's interpretation of that agreement was not substantially justified, plaintiffs are entitled to attorneys' fees and expenses allowed under Section 2412(d)(1) of the Equal Access to Justice Act; however, because plaintiffs failed to demonstrate that their attorneys possessed specialized training or expertise, their fees are limited to the statutory cap imposed by section 2412(d)(2)(A)(ii).

Appellate Information

• Argued 06/03/2002
• Decided 08/22/2002
• Published 10/25/2002

Judges

• Before WIDENER and TRAXLER, Circuit Judges, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Howard Stanley Scher, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant.   Douglas Stuart Sea, Cox, Gage & Sasser, Charlotte, North Carolina, for Appellees.   ON BRIEF:  Robert D. McCallum, Jr., Assistant Attorney General, Robert J. Conrad, Jr., United States Attorney, William Kanter, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant.  Charles McBrayer Sasser, Cox, Gage & Sasser, Charlotte, North Carolina;  John R. Wester, Anthony S. Ketron, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellees.