- 57 - c. Total The total amount of potentially compensable fees with respect to the Hongsermeiers’ fee request for work on the appeal is $122,293.30 ($55,883.30 for 2001 and $66,410 for 2002). 2. The Hongsermeiers–Work on the Fee Request a. 2003 to 2005 Taking into account the $150 rate cap in effect during the years 2003 through 2005, the Hongsermeiers claim 177.85 hours at $150 per hour, 92.75 hours at $125 per hour, 2.4 hours at $75 per hour, and 2.65 hours at $50 per hour. The resulting amount is $38,583.75, determined as follows: [(177.85 X $150) + (92.75 X $125) + (2.4 X $75) + (2.65 X $50)] = ($26,677.50 + $11,593.75 + $180 + $132.50) = $38,583.75. b. 2006 Taking into account the $160 rate cap in effect for 2006, the Hongsermeiers claim 0.5 hours at $160 per hour, 0.9 hours at $125 per hour, and 1.7 hours at $50 per hour. The resulting amount is $277.50, determined as follows: [(0.5 X $160) + (0.9 X $125) + (1.7 X $50)] = ($80 + $112.50 + $85) = $277.50. c. Application of Limited Success Factor While the Hongsermeiers did not join in the PH petitioners’ unsuccessful fee request claims discussed in Part III.C.3.b., supra, that does not mean that Hensley’s limited success factor has no application to their claim for fees on fees. As Professor Sisk observes: “Because ordinarily it is difficult to preciselyPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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