Jayne A. Mathews-Sheets v. MICHAEL J. ASTRUE, Commissioner of Social Security

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 10, 2011
Before
RICHARD A. POSNER, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
DIANE P. WOOD, Circuit Judge
No. 10-3746
JAYNE A. MATHEWS-SHEETS,
Plaintiff-Appellant,
v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant-Appellee.
Appeal from the United States
District Court for the Southern
District of Indiana, Indianapolis
Division.
No. 1:08-cv-1426-WTL-DML
William T. Lawrence, Judge.
O R D E R
On page 7 of the slip opinion in this case issued on August 8, 2011, the following
passage appears:
"The government’s brief in response said it was too much. The lawyer replied that it wasn’t
too much because inflation brought the $125 statutory presumptive maximum to $170 in
real terms. That was a non sequitur; a cost of living adjustment that raised the statutory fee
to $170 provided no basis for an award of $225."
The passage is hereby stricken and the following substituted:

-- 1 of 2 --

No. 10-3746 Page 2
"He based his request for that fee on prevailing rates, without explicit mention of cost of
living. The government's brief in response said he was asking for too much. This opened the
way for him to reply that it wasn't too much because inflation brought the $125 statutory
presumptive maximum to $170 in real terms. This was a permissible reply, not a forfeited
argument, though it was incomplete and even a non sequitur; a cost of living adjustment
that raised the statutory fee to $170 provided no basis for an award of $225."

-- 2 of 2 --