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CHYNOWETH v. SULLIVAN

No. 89-4063.

920 F.2d 648 (1990)

Mary B. CHYNOWETH, Plaintiff-Appellant, v. Louis W. SULLIVAN, in his capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 28, 1990.

Attorney(s) appearing for the Case

Michael E. Bulson of Utah Legal Services, Ogden, Utah, for plaintiff-appellant.

Carol S. Prescott, Office of the Gen. Counsel, Dept. of Health and Human Services, Denver, Colo. (Richard D. Parry, Asst. U.S. Atty., Dee V. Benson, U.S. Atty., Salt Lake City, Utah, Ronald S. Luedemann, Chief Counsel, Region VIII, Thomas A. Nelson, Jr., Deputy Chief Counsel, Region VIII and Deana R. Ertl-Brackett, Asst. Regional Counsel, Dept. of Health and Human Services, Denver, Colo., on the brief) for defendant-appellee.

Before BALDOCK, BARRETT and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff-appellant Mary Chynoweth appeals from a district court ruling denying her request to exceed the $75 per hour cap on attorney's fees awarded to her pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Plaintiff argues that her attorney's expertise in Social Security disability law constituted a "special factor" under U.S.C. § 2412(d)(2)(A)(ii) warranting an departure from the statutory rate. Our jurisdiction...

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