Legal Opinion
Soto-Valentin v. Heckler
District Court, E.D. New York
Decided September 27, 1985No. 83 Civ. 3532PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
GLASSER, District Judge:
In this case of first impression, this Court is squarely faced with the following question: in an action brought pursuant to the Social Security Act, in which the plaintiff successfully establishes entitlement to both Title II disability insurance benefits (“DIB”) and Title XVI Supplemental Security Income benefits (“SSI”), and the government’s position is not substantially justified, can the plaintiff obtain an award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”) which exceeds 25% of the plaintiff’s back…
2Cases cited24 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Ricardo De Leon v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Photo Data, Inc. v. SawyerDistrict Court, District of Columbia · 1982
- Mckittrick v. GardnerCourt of Appeals for the Fourth Circuit · 1967
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- O'Grady v. Secretary of the United States Department of Health & Human ServicesDistrict Court, E.D. New York · 1987
- Penny v. HecklerDistrict Court, E.D. New York · 1986
- Howard v. BowenDistrict Court, N.D. Illinois · 1986
- O'GRADY v. HecklerDistrict Court, E.D. New York · 1986
- United States v. GiovanelliDistrict Court, S.D. New York · 1994