2nd Circuit: Attorneys' Expertise Does Not Justify Higher Hourly Rate

The specialized expertise of the attorneys who won a declaratory judgment benefiting Medicare recipients receiving home health care was not enough to justify a higher hourly rate, the 2nd Circuit has held. The court said the rate awarded by a federal judge in Connecticut did not pass muster under the requirements of the Equal Access to Justice Act, but gave the Center for Medicare Advocacy a victory by awarding fees for forcing improvements in the notification process for home health care beneficiaries.

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