Jonathan Bloom v. Burwell, 5:16-cv-00121-gwc (D.Vt. 2016)
16-15572
U.S. Department of Health and Human Services
OGC/R01
Plaintiff's Counsel
118,829.00
Court
n/a
NOTE: This is an estimate of an EAJA award based on the Court's order, dated January 16, 2019, that Plaintiff was entitled to fees under EAJA. The Court is allowing the government to brief the issue of reasonableness and make line-by-line objections to the fee requests submitted by plaintiff's attorneys. However, bceause a Second Circuit appeal is also pending in this case, the parties agreed to stay briefing on the issue of reasonableness until the Second Circuit case is decided.
The Court determined that the Secretary's litigation position was not substantially justified. The Court determined that Attorney Debra Parrish was entitled to a special factor enhancement as a result of her particular experience with cases involving requests by Medicare beneficiaries for coverage of continuous glucose monitors. On the other hand, the Court rejected Plaintiff’s argument that the other members of his legal team were entitled to an enhanced fee rate. The Court also accepted the Secretary’s argument that EAJA fees should not be awarded for issues litigated and decided in the Secretary’s favor. The Court then provided the parties with a limited opportunity for supplemental briefing, in order to address what should be a reasonable award of fees in this matter.