McNulty v. Sullivan
| Decision Date | 12 October 1989 |
| Docket Number | No. 89-1879,89-1879 |
| Citation | 886 F.2d 1074 |
| Parties | Unempl.Ins.Rep. CCH 14941A Michael McNULTY, Appellant, v. Lewis W. SULLIVAN, Secretary of Health and Human Services, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for The Eastern District of Arkansas; H. David Young, United States Magistrate.
Anthony W. Bartels, Jonesboro, Ark., for appellant.
Karen J. Sharp, Dallas, Tex., for appellee.
Before ARNOLD, FAGG, and BEAM, Circuit Judges.
Michael McNulty appeals from the district court's order refusing to grant an upward cost of living adjustment in the statutory hourly rate for attorney fee awards under the Equal Access to Justice Act (EAJA), 28 U.S.C. Sec. 2412(d)(2)(A)(ii). We affirm.
The abuse of discretion standard governs our review. See Pierce v. Underwood, --- U.S. ----, 108 S.Ct. 2541, 2553, 101 L.Ed.2d 490 (1988); Brouwers v. Bowen, 823 F.2d 273, 275 (8th Cir.1987). Although "the district court may, upon proper proof, increase the $75 per hour rate for attorney's fees to reflect the increase in the cost of living," Kelly v. Bowen, 862 F.2d 1333, 1336 (8th Cir.1988), this increase is not automatic, Headlee v. Bowen, 869 F.2d 548, 551-52 (10th Cir.1989); Oliveira v. United States, 827 F.2d 735, 742 (Fed.Cir.1987). In this instance, McNulty failed to submit proof supporting his request for a higher fee to the district court.
Based on our review of the record, we cannot say the district court abused its discretion by refusing to make an upward adjustment in the fee awarded to McNulty's attorney. Accordingly, we affirm.
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Johnson v. Sullivan, s. 89-2834
...he asserts that a cost-of-living increase in the hourly rate of EAJA fees is not automatic, citing our opinion in McNulty v. Sullivan, 886 F.2d 1074 (8th Cir.1989). In McNulty, we Although "the district court may, upon proper proof, increase the $75 per hour rate for attorney's fees to refl......
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Blake v. Astrue
...The decision to increase the hourly rate is not automatic and remains at the discretion of the district court. McNulty v. Sullivan, 886 F.2d 1074 (8th Cir. 1989). In Johnson v. Sullivan, 919 F.2d 503 (8th Cir. 1990), the court stated that the hourly rate may be increased when there is "unco......
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Higgins v. Astrue, 4:09-CV-1046 CAS
...proof has been submitted to support the request for attorney's fees in excess of the statutory limit. See McNulty V. Sullivan, 886 F.2d 1074, 1074-75 (8th Cir. 1989). The EAJA provides that attorney's fees may be awarded in excess of the maximum hourly rate of $125.00 per hour as provided b......