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DEWALT v. SULLIVAN

No. 91-5199.

963 F.2d 27 (1992)

Michelle DEWALT, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Third Circuit.

Decided April 24, 1992.

Rehearing Denied May 21, 1992.

Attorney(s) appearing for the Case

Mary K. Doyle (Argued), Dept. of Justice, Civil Div., Washington, D.C., for defendant-appellant.

Alan Polonsky (Argued), Polonsky & Polonsky, Collingswood, N.J., for plaintiff-appellee.

BEFORE: BECKER and HUTCHINSON, Circuit Judges, and FULLAM, Senior District Judge.

OPINION OF THE COURT

FULLAM, Senior District Judge.

Plaintiff-appellee, Michelle Dewalt, established her entitlement to an award of counsel fees under the Equal Access to Justice Act, 28 U.S.C. § 2414, after an eight-year struggle to obtain SSI benefits under Title XVI of the Social Security Act. The district court awarded fees calculated at the rate of $136.02 per hour. The narrow but important issue presented on this appeal is whether that hourly...

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