Legal Opinion

McKay v. Barnhart

District Court, S.D. New York

Decided July 30, 2004No. 01 CIV 1703(VM)PublishedCited by 16 opinions

1Opinion of the Court

DECISION AND ORDER

MARRERO, District Judge.

I. FACTS AND PROCEEDINGS

By Decision and Order dated February 10, 2004, (the “Order”), the Court remanded this case to the Administrative Law Judge (“ALJ”) to review his decision to deny social security benefits to plaintiff David McKay (“McKay”). See McKay v. Barnhart, 302 F.Supp.2d 263 (S.D.N.Y.2004). 1 McKay now moves under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, for attorney’s fees and costs associated with this action. The Government opposes the motion. For the reasons set forth herein, McKay’s motion is granted-in-part and…

2Cases cited21 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Shalala v. SchaeferSupreme Court of the United States · 1993
  3. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989

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3Cited by16 opinions

  1. Knudsen v. BarnhartDistrict Court, N.D. Iowa · 2004
  2. Caplash v. NielsenDistrict Court, W.D. New York · 2018
  3. Diamond Sawblades Manufacturers Coalition v. United StatesUnited States Court of International Trade · 2012
  4. Elliott v. U.S. Dep't of StateDistrict Court, S.D. New York · 2015
  5. Antonetti v. BarnhartDistrict Court, W.D. New York · 2006

11 more not listed; retrieve them via the Exa API.

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