Legal Opinion
Donald F. WHEAT, Appellant, v. Margaret M. HECKLER, Secretary, Health & Human Services, Appellee
Court of Appeals for the Eighth Circuit
Decided June 11, 1985No. 84-1979PublishedCited by 18 opinions
1Opinion of the Court
LAY, Chief Judge.
Donald Wheat appeals from the denial of his award of attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982). The district court, the Honorable C. Arlen Beam, presiding, initially granted Wheat’s application for attorney’s fees. However, after considering a motion to reconsider filed by the Secretary of the Department of Health and Human Services, the court denied the award because “the government’s position was sufficiently supported by the medical testimony and was, therefore, substantially justifiable within the meaning of the EAJA.” We…
2Cases cited14 opinions
- Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. SchweikerCourt of Appeals for the Eighth Circuit · 1982
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Hubert Brand v. Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1980
- Manuel A. Miranda v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1975
- Geneva Northcutt v. Joseph Califano, Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Eighth Circuit · 1978
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Albert JACKSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1986
- Robert J. Lauer v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2003
- Barbara J. MARTONIK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1985
- Gamber v. BowenCourt of Appeals for the Eighth Circuit · 1987
- Georgia Trundle v. Otis R. Bowen, Secretary of the Department of Health and Human Services of the United States of AmericaCourt of Appeals for the Eighth Circuit · 1987
13 more not listed; retrieve them via the Exa API.