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SCAVONE v. SULLIVAN

Nos. 90 Civ. 0636, 88 Civ. 2260.

780 F.Supp. 976 (1992)

Thomas SCAVONE, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant. Manly ABNEY, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, E.D. New York.

January 9, 1992.

Attorney(s) appearing for the Case

Victor Fusco, Scheine, Fusco, Brandenstein & Rada, P.C., Hempstead, N.Y., for plaintiffs.

Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for defendant.

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Plaintiffs, pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A) (West Supp.1991), seek an award of attorney fees after successfully challenging a denial of disability benefits by the Secretary of Health and Human Services ("Secretary"). They also have requested a cost-of-living increase using the "Legal Services" category of the Consumer Price Index. EAJA currently provides...

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