Legal Opinion
Kramer v. Apfel
District Court, S.D. Iowa
Decided March 3, 1999No. 1:98-cv-10004PublishedCited by 6 opinions
1Opinion of the Court
ORDER
LONGSTAFF, Chief Judge.
The Court has before it plaintiffs motion for attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Plaintiff requests an award of $5,665.15, based on 41.1 attorney hours at an hourly rate of $131.92, and $243.24 for costs. Defendant resists the motion.
A plaintiff is entitled to EAJA fees if the Commissioner’s position was not “substantially justified” Brouwers v. Bowen, 823 F.2d 273, 275 (8th Cir.1987). It is the Commissioner’s burden to prove its position was substantially justified at both the administrative and litigation levels.…
2Cases cited5 opinions
- Albert JACKSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1986
- Anthony BROUWERS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1987
- Oscar STOCKTON, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- Buford Gowen v. Otis R. Bowen, Secretary of Health and Human Services, Louie v. Pittman v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1989
- Joann HICKEY, Appellant, v. SECRETARY OF HHS, Louis W. Sullivan, AppelleeCourt of Appeals for the Eighth Circuit · 1991
3Cited by6 opinions
- Walker v. BarnhartDistrict Court, S.D. Iowa · 2003
- Anderson v. Social Security Administration CommissionerDistrict Court, W.D. Arkansas · 2023
- Bane v. Social Security AdministrationDistrict Court, E.D. Arkansas · 2023
- Harrison v. Social Security AdministrationDistrict Court, E.D. Arkansas · 2022
- Potter v. Social Security AdministrationDistrict Court, E.D. Arkansas · 2023
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