Legal Opinion
Baker v. Secretary, Health & Human Services
District Court, D. New Hampshire
Decided September 22, 1992No. Civ. No. 91-331-JDPublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
PEREZ-GIMENEZ, District Judge, sitting by designation.
This case presents two issues which have engendered a myriad of judicial decisions from numerous courts throughout the nation. First, whether a district court’s remand, pursuant to sentence four of 42 U.S.C. sec. 405(g), so that a rehearing before the Secretary of Health and Human Services (“the Secretary”) may take place, automatically confers upon a claimant the “prevailing party” status necessary for entitlement of attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. sec. 2412? Second, at what time…
2Cases cited9 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Sullivan v. FinkelsteinSupreme Court of the United States · 1990
- Gutierrez v. SullivanCourt of Appeals for the Tenth Circuit · 1992
- Heredia v. Secretary of Health and Human ServicesDistrict Court, D. Puerto Rico · 1992
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3Cited by2 opinions
- Rivera Baez v. Secretary of Health & Human ServicesDistrict Court, D. Puerto Rico · 1993
- Higdon v. SullivanDistrict Court, N.D. Georgia · 1993