Leola BROWN, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services, Defendant-Appellee

This case concerns attorney fee awards following a reversal of the Secretary of Health and Human Services’ denial of Supplemental Security Income disability benefits to appellant Leola Brown. The district court granted attorney fees at $75 per hour under 28 U.S.C. § 2412 (d), but denied fees at reasonable market rates under 28 U.S.C. § 2412 (b). Brown appeals that portion of the district court’s order denying attorney fees at market rates under 28 U.S.C. § 2412 (b). Brown also seeks interest on an earlier appeal of a previous district court order granting fees at market rates. Finally, Brown seeks additional fees for bringing and appealing the present fees motion. We reverse and remand this matter to the district court.

BACKGROUND

On July 29, 1980, claimant-appellant Leola Brown filed an application for Supplemental Security Income (SSI) disability benefits as of April 9, 1980, the alleged onset date of her disability. After a hearing on June 23, 1981, and a review by the Appeals Council, the Secretary of the Department of Health and Human Services (Secretary) denied the SSI disability benefits on September 16, 1981. Brown appealed this rul ing in district court. While that…