Richard S. RUSSELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee
Opinion
Opinion
ORDER
Attorney for plaintiff-appellant Russell petitions this court for permission to charge attorney fees pursuant to Section 406(b) of the Social Security Act. Russell applies for fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d)(1)(A). We award fees under both statutes.
I. BACKGROUND
The action underlying the fee applications first came before this court in 1989 when Russell appealed a denial of disability benefits. Russell applied for disability benefits after being hit by a car and sustaining severe hip injuries. The Secretary of Health and Human Services denied the benefits. An Administrative Law Judge (“AU”) found that although Russell had permanent physical impairments which prevented him from returning to work as an electrician, he was not totally disabled within the meaning of the Social Security Act. The district court affirmed the Secretary's denial of benefits.
We reversed. In an unpublished disposition filed June 29, 1990, 905 F.2d 1541 , the majority held that the AU’s findings were not supported by substantial evidence, and ordered that the case be returned to the Secretary for an award of disability benefits. We concluded the AU…