United States Ninth Circuit
Costa v. Comm'r of Soc. Sec. Admin., 11-35245
In an action for social security disability benefits, the decision of the magistrate judge granting petitioner's request for reasonable attorney's fees pursuant to the Equal Access to Justice Act (EAJA), but reducing the number of hours compensated by nearly one-third is reversed and remanded, as it is improper for district courts to apply a de facto cap on the number of hours for which attorneys may be compensated under the EAJA in a "routine" case challenging the denial of social security benefits, rather than individualized consideration given to each case.
Appellate Information
- Decided 08/24/2012
- Published 08/24/2012
Judges
Court
- United States Ninth Circuit