George L. Barry v. Otis R. Bowen, Secretary of Health and Human Services

The Secretary of Health & Human Services (HHS) appeals the district court’s finding of contempt and imposition of attorney’s fees for failing to pay plaintiff counsel’s Equal Access to Justice Act (EAJA) fees within thirty days. We reverse.

I.

FACTS AND PROCEEDINGS BELOW

This suit arises from a successful challenge by plaintiff to a policy whereby the Secretary reviewed all decisions made by certain Administrative Law Judges that were favorable to claimants. See Barry v. Heckler, 620 F.Supp. 779 (N.D.Cal.1985). In addition, the district court awarded plaintiff’s counsel (Sackett) attorney’s fees under the EAJA, 28 U.S.C. §§ 2412 , 2414 (1982 & Supp. V 1987). See Barry v. Heckler, 638 F.Supp. 444 (N.D.Cal.1986), rev’d in part and aff'd in part, 825 F.2d 1324 (9th Cir.1987). This court upheld the award of attorney’s fees but reduced the hourly rate for the fees. See Barry v. Bowen, 825 F.2d 1324, 1334 (9th Cir.1987). The parties stipulated to Sackett’s appellate fees in the amount of $4595.11.

On remand, the district court entered an order reducing the attorney’s fees for the underlying litigation to conform with this court’s decision. On January 4, 1988, the district…