Legal Opinion

Magray v. Sullivan

District Court, E.D. Wisconsin

Decided December 7, 1992No. Civ. A. 90-C-152PublishedCited by 4 opinions

1Opinion of the Court

ORDER

TERENCE T. EVANS, Chief Judge.

On January 23, 1992, I reversed the Secretary’s determination that Ms. Magray was not entitled to benefits and remanded the case to the Secretary for reconsideration. The Secretary concedes that my January 23 order was a “sentence four” remand under 42 U.S.C. § 405(g), which indeed it was. 1 See defendant’s memoran dum of March 18, 1992, at 1. Ms. Magray timely filed an application for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).

Prevailing Party

Under the EAJA, attorney fees may be recovered against the government by a…

2Cases cited24 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Melkonyan v. SullivanSupreme Court of the United States · 1991
  3. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978

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3Cited by4 opinions

  1. Hanrahan v. ShalalaDistrict Court, E.D. Wisconsin · 1993
  2. Wonders v. ShalalaDistrict Court, E.D. Wisconsin · 1993
  3. Guthrie v. Secretary of Health & Human ServicesDistrict Court, D. Delaware · 1995
  4. Higdon v. SullivanDistrict Court, N.D. Georgia · 1993

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