Legal Opinion

Sparling v. Sullivan

District Court, N.D. New York

Decided March 2, 1992No. 90-CV-814PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM — DECISION AND ORDER

McCURN, Chief Judge.

INTRODUCTION

Plaintiff moves for an award of attorney’s fees against the Secretary of Health and Human Services (“Secretary”) pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Plaintiff commenced a civil action in this court pursuant to 42 U.S.C. section 405(g) for judicial review of the Secretary’s decision that plaintiff was not under a disability and therefore was not entitled to Title II benefits. This court, adopting the Magistrate’s report-recommendation, remanded this matter to the Secretary for “proceedings…

2Cases cited5 opinions

  1. Melkonyan v. SullivanSupreme Court of the United States · 1991
  2. Sullivan v. HudsonSupreme Court of the United States · 1989
  3. Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  4. La Manna v. Secretary of Health and Human ServicesDistrict Court, N.D. New York · 1987
  5. Smith v. SullivanDistrict Court, S.D. New York · 1990

3Cited by9 opinions

  1. Joseph Labrie v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1992
  2. Williams v. SullivanDistrict Court, D. New Jersey · 1993
  3. Fernandez v. SullivanDistrict Court, S.D. New York · 1992
  4. Seaborn v. SullivanDistrict Court, S.D. New York · 1993
  5. Edwards Ex Rel. Edwards v. BarnhartDistrict Court, S.D. New York · 2003

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