Hourly Fees for Services for EAJA Claims (reference: 49 C.F.R. § 826.6)

​​Detail of fees

Year CPI; Maximum allowable
hourly rate
1981 90.9 $75
1982 96.5 $80
1983 99.6 $82
1984 103.9 $86
1985 107.6 $89
1986 109.6 $90
1987 113.6 $94
1988 118.3 $98
1989 124.0 $102
1990 130.7 $108
1991 136.2 $112
1992 140.3 $116
1993 144.5 $119
1994 148.2 $122
1995 152.4 $126
1996 156.9 $130
1997 160.5 $133
1998 163.0 $134
1999 166.6 $137
2000 172.2 $142
2001 177.1 $146
2002 179.9 $149
2003 184.0 $152
2004 188.9 $156
2005 195.3 $161
2006 201.6 $167
2007 207.342 $171
2008 215.303 $178
2009 214.537 $177
2010 218.056 $180

CPI - Under 49 C.F.R. § 826.6, "The CPI to be used is the annual average CPI, All Urban Consumers, U.S. City Average, except where a local, All Item Index is available." CPI figures listed below are the All Urban Consumers, U.S. City Average figures.

Rates - The maximum hourly rates calculated here are based on the All Urban Consumers, U.S. City Average CPI figures provided in the preceding column, and rounded off to the nearest dollar. The maximum hourly rate is calculated using the formula found in 49 C.F.R. § 826.6 as follows:

  1. Take the CPI rate for the year in which the services in question were performed;
  2. Divide that rate by 90.9 (the rate for the base year);
  3. Then multiply the result by $75.

Example: For services performed in 1995 --
CPI for 1995 is 152.4;
Divide 152.4 by 90.9 = 1.68;
Multiply 1.68 by $75 = $126.

CPI figures for 2011 will not be available until some time in 2012. Until then, awards for services performed in 2011 will be based on the 2010 CPI. Please also note that the Department of Labor began in 2007 to calculate the CPI to thousandths of a percentage point, rather than tenths, as was its practice in previous years.


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