Swanagan and Turman v. McDonough, No. 19-1350(E) (Argued September 11, 2020 Decided June 23, 2021); Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); nothing in the EAJA statute limits its applicability to work performed in the United States;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-1350(E)
CHARLES L. SWANAGAN, APPELLANT,
AND
NO. 19-3258(E)
JESSE B. TURMAN, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appellants’ Application for Attorney Fees and Expenses
(Argued September 11, 2020 Decided June 23, 2021)
Harold H. Hoffman, III, with whom Evan Snipes, both of Arlington, VA, were on the
pleadings for appellant Charles L. Swanagan.
Harold H. Hoffman, III, with whom Britney Sutton, both of Arlington, VA, were on the
pleadings for appellant Jesse B. Turman.
Brandon T. Callahan, with whom William A. Hudson, Jr., Acting General Counsel; Mary
Ann Flynn, Chief Counsel; James B. Cowden, Deputy Chief Counsel; and Kristen D. King-
Holland, all of Washington, D.C., were on the pleadings for the appellee in the case of Charles L.
Swanagan.
Brandon T. Callahan, with whom William A. Hudson, Jr., Acting General Counsel; Mary
Ann Flynn, Chief Counsel; and Christopher W. Wallace, Deputy Chief Counsel, all of Washington,
D.C., were on the pleadings for the appellee in the case of Jesse B. Turman.
Before BARTLEY, Chief Judge, and ALLEN and FALVEY, Judges.

BARTLEY, Chief Judge: Before the Court are applications from veterans Charles L.
Swanagan and Jesse B. Turman for awards of attorney fees and expenses under the Equal Access
to Justice Act (EAJA), 28 U.S.C. § 2412(d)
. This Court has jurisdiction under 28 U.S.C.
§ 2412(d)(2)(F) to award reasonable attorney fees and expenses. Appellants request, among other
2
things, a cost-of-living (COL) increase in excess of EAJA’s $125 statutory maximum hourly rate
for work performed by an attorney, Mr. Harold H. Hoffman, while in Quito, Ecuador.1
The appellants’ request presents a novel issue for this