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B-206237 1 (1983-06-10)

handle is hein.gao/gaobadldf0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-206237 DATE: June 10, 1983 MATTER OF: Shelby W. Hollin - Claim for Attorney Fees Under the Back Pay Act DIGEST: 1. Employee's attorney claims attorney fees in case where GAO held Army com- mitted an unjustified and unwarranted personnel action following the denial of an agency-filed application for disability retirement. David G. Reyes, B-206237, August 16, 1982. Claim for reasonable attorney fees under the Back Pay Act, 5 U.S.C. S 5596, as amended, is allowed since GAO, as an appropriate authority under the Back Pay Act, finds fees to be warranted in the interest of justice. See 5 C.F.R. S 550.806. 2. Claim for p'easonable attorney fees under the Back Pay Act requested pay- ment for 29 hours at $100 per hour. Following criteria established by Merit Systems Protection Board, the hourly rate is reduced to $75 to be consistent with rates charged by other attorneys in the locality. The issue in this decision concerns a claim for attor- ney fees for representation of a Federal employee whose claim for backpay and restoration of leave we allowed in a prior decision. We hold that reasonable attorney fees may be paid under the Back Pay Act, 5 U.S.C. § 5596, and imple- menting regulations since payment is warranted in the interest of justice. Mr. Shelby W. Hollin claims attorney fees in the amount of $2,900 in connection with his representation of David G. Reyes, the subject of our decision David G. Reyes, B-206237, August 16, 1982. In Reyes, we held that, although the

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