Legal Opinion
Don WOLVERTON, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided February 24, 1984No. 82-3590PublishedCited by 58 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
The Secretary of Health and Human Services appeals an award of attorneys’ fees under the Equal Access to Justice Act (EAJA), Pub.L. No. 96-481, Title II, 94 Stat, 2325 (1980). The issues are (1) whether a Social Security Act fees provision precludes application of the EAJA, (2) whether fees generated before the EAJA’s effective *582date are compensable, and (3) whether the Secretary’s position in this case has been substantially justified.
FACTS
Wolverton, a 57-year-old construction electrician, contends that because of an automobile accident he was totally disabled…
2Cases cited3 opinions
- Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
- Foster v. TourtellotteCourt of Appeals for the Ninth Circuit · 1983
- Hoang Ha v. Richard Schweiker, Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
3Cited by58 opinions
- Watford v. HecklerCourt of Appeals for the Eleventh Circuit · 1985
- Wells v. BowenCourt of Appeals for the Second Circuit · 1988
- Richard S. RUSSELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
- Charles JANKOVICH, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989
- Haitian Refugee Center, an Unincorporated, Not for Profit Organization v. Edwin Meese, III , Attorney General of the United StatesCourt of Appeals for the Eleventh Circuit · 1986
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