Tuesday, January 27, 2009

disability - attorney fees - subantially justified

Magwood v. Astrue - ED Pa. - January 21, 2009

http://www.paed.uscourts.gov/documents/opinions/09D0086P.pdf

Government's position was not substantially justified where it was contrary to clearly established law concerning step 2 (severity) of the disability evaluation process. The government's prior "string of successes" before a 3d Cir. reversal was not enough to satisfy its burden.

A fee of $12,275.21 was awarded (68.30 hours at a rate of $176.23, plus $238.70 for expenses)