Legal Opinion
Joseph E. LIVELY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee
Court of Appeals for the Fourth Circuit
Decided September 13, 1988No. 19-4456PublishedCited by 28 opinions
1Opinion of the Court
HARRISON L. WINTER, Chief Judge:
Joseph E. Lively appeals the district court’s denial of his motion for attorneys’ fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA). On the parties’ request, we decide this case on the briefs without oral argument.
Without assigning reasons, the district court summarily concluded that Secretary of Health and Human Services Otis R. Bowen (the Secretary) was substantially justified in opposing Lively’s claim for disability insurance benefits. In light of our decision reversing the district court’s prior judgment to sustain the denial…
2Cases cited9 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Gavin v. HecklerCourt of Appeals for the Eighth Circuit · 1987
- Joseph E. LIVELY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
- United States v. Franklin M. YoffeCourt of Appeals for the First Circuit · 1985
- Harley G. Dotson, Jr. v. Richard S. Schweiker, Secretary of Health and Human Services, United States of AmericaCourt of Appeals for the Fourth Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- William L. Albright v. Commissioner of the Social Security AdministrationCourt of Appeals for the Fourth Circuit · 1999
- Dennard v. Secretary of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 1990
- David W. CRAWFORD, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1991
- Helen L. RUCKER, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
- Carl E. THOMPSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1992
23 more not listed; retrieve them via the Exa API.