Legal Opinion

Jacobsen v. West

United States Court of Appeals for Veterans Claims

Decided August 26, 1999No. 97-309PublishedCited by 14 opinions

1Opinion of the Court

ORDER

2Per curiam

Presently pending is the appellant’s application for attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The application seeks $5,262.50 in fees and $68.00 for expenses, for a total award of $5,330.50. For the reasons given below, the Court will grant the application in part.

The only matters presently at issue are whether the Secretary was substantially justified in his litigation position and at the *547administrative level. See 28 U.S.C. § 2412(d)(1)(A). The burden of demonstrating substantial justification rests with the Secretary. Locker v.…

3Cases cited18 opinions

  1. Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  2. Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  3. Quarles v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  4. Stillwell v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  5. Curtis J. Perket v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1990

13 more not listed; retrieve them via the Exa API.

4Cited by14 opinions

  1. Balridge - Demel v. NicholsonUnited States Court of Appeals for Veterans Claims · 2005
  2. Shannon D. Smith, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
  3. Briddell v. PrincipiUnited States Court of Appeals for Veterans Claims · 2002
  4. West v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Balridge - Demel v. NicholsonUnited States Court of Appeals for Veterans Claims · 2005

9 more not listed; retrieve them via the Exa API.

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