Legal Opinion
Clarence K. Taylor v. Margaret M. Heckler, Secretary of Health and Human Services, Defendant
Court of Appeals for the Eleventh Circuit
Decided December 16, 1985No. 83-8621PublishedCited by 54 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
The Equal Access to Justice Act (EAJA) 1 authorizes a district court to award an attorney’s fee to an individual who prevails in a suit in which the Government is the opposing party and in which the Government’s litigating position was not “substantially justified.” To obtain such a fee, the prevailing party must make application therefor within thirty days of the entry of final judgment. The question we must decide in this Social Security case is whether the decision of a district court to remand the case to the Secretary of Health and Human Services is a final…
2Cases cited9 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
- Edward Brown v. Secretary of Health and Human Services of the United StatesCourt of Appeals for the Third Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Welter v. SullivanCourt of Appeals for the Eighth Circuit · 1991
- Carolyn Newsome v. Donna Shalala, Secretary of the Department of Health and Human Services of the United StatesCourt of Appeals for the Eleventh Circuit · 1993
- Robertson v. SullivanCourt of Appeals for the Eighth Circuit · 1991
49 more not listed; retrieve them via the Exa API.