Legal Opinion
Knox v. Schweiker
District Court, D. Delaware
Decided June 29, 1983No. Civ. A. 81-514PublishedCited by 10 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, District Judge.
The present motion raises the issue of whether a plaintiff who, in an appeal from the denial of Social Security disability benefits, succeeds in obtaining a remand of her case to the Secretary of Health and Human Services (“Secretary”) is considered a “prevailing party” for the purpose of taxation of costs under the Equal Access to Justice Act, (“EAJA”), 28 U.S.C. § 2412 (Supp., 1983). A brief discussion of the background facts is warranted.
Facts
Martha Knox, the plaintiff in this action, suffered a back injury in an auto accident on April 6, 1979.…
2Cases cited28 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Hughes v. RepkoCourt of Appeals for the Third Circuit · 1978
23 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Edward Brown v. Secretary of Health and Human Services of the United StatesCourt of Appeals for the Third Circuit · 1984
- Bohn v. HecklerDistrict Court, N.D. Illinois · 1985
- Trujillo v. HecklerDistrict Court, D. Colorado · 1984
- Furman v. CirritoCourt of Appeals for the Second Circuit · 1986
- Furman v. CirritoCourt of Appeals for the Second Circuit · 1986
5 more not listed; retrieve them via the Exa API.