BIELEC v. BOWEN

Civ. A. No. 81-3653 (JFG).

675 F.Supp. 200 (1987)

John J. BIELEC, Jr., Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. New Jersey.

December 14, 1987.


Attorney(s) appearing for the Case

Jacobs & Schwalbe, P.C. by Richard E. Yaskin, Voorhees, N.J., for plaintiff.

Samuel A. Alito, Jr., U.S. Atty. by Cornelia E. Dude, Sp. Asst. U.S. Atty., Newark, N.J., for defendant.


OPINION

GERRY, Chief Judge:

This is a motion by plaintiff, John J. Bielec, Jr., for an award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). Plaintiff contends that such an award is appropriate because the Secretary's opposition to his ultimately successful Social Security appeal was not "substantially justified." Further, plaintiff argues that his attorney's fees should be fixed above the $75.00 per hour limit set...

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