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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 precisely
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