Legal Opinion

Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, Appellee

Court of Appeals for the Eighth Circuit

Decided August 6, 1984No. 83-1209PublishedCited by 29 opinions

1Opinion of the Court

HENLEY, Senior Circuit Judge.

In Cornelia, v. Schweiker, 728 F.2d 978 (8th Cir.1984), we held that the Social Security Administration was not “substantially justified” in denying Wallis D. Cornelia disability benefits. Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412; 5 U.S.C. § 504 (Supp.1982), we therefore awarded him attorneys’ fees incurred in connection with the district court proceedings. Cornelia has now applied for an award of fees and costs incurred in his appeal to this court. Because we conclude that the Secretary’s position in resisting an award of fees, as opposed to…

2Cases cited5 opinions

  1. United States v. MendozaSupreme Court of the United States · 1984
  2. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  3. Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
  4. Brigadier General Roland F. Cinciarelli v. The Honorable Ronald Reagan, President of the United StatesCourt of Appeals for the D.C. Circuit · 1984
  5. Don WOLVERTON, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1984

3Cited by29 opinions

  1. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  2. Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
  3. 27 soc.sec.rep.ser. 18, unempl.ins.rep. Cch 14888a Claire McDonald v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1989
  4. David J. Powell and the Estate of Jeane D. Powell, Deceased, David J. Powell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1990
  5. Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985

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