Legal Opinion
Astrue v. Ratliff
Supreme Court of the United States
Decided June 14, 2010No. 08-1322PublishedCited by 7,080 opinions
1Opinion of the CourtJustice Thomas
Section 204(d) of the Equal Access to Justice Act (EAJA), codified in 28 U. S. C. § 2412(d), provides in pertinent part that “a court shall award to a prevailing party . . . fees and other expenses ... in any civil action . . . brought by or against the United States . . . unless the court finds that the position of the United States was substantially justified.” *589We consider whether an award of “fees and other expenses” to a “prevailing party” under § 2412(d) is payable to the litigant or to his attorney. We hold that a § 2412(d) fees award is payable to the litigant and is therefore subject…
2Cases cited14 opinions
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Hewitt v. HelmsSupreme Court of the United States · 1987
- Arthur Andersen LLP v. CarlisleSupreme Court of the United States · 2009
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3Cited by7,080 opinions
- Roberts v. Sea-Land Services, Inc.Supreme Court of the United States · 2012
- Vincent v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2011
- Kerr Ex Rel. Kerr v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2017
- Harrington v. BerryhillCourt of Appeals for the Seventh Circuit · 2018
- Murkeldove v. AstrueCourt of Appeals for the Fifth Circuit · 2011
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