Legal Opinion
Jimmie L. Howard v. Jo Anne B. Barnhart, Commissioner of Social Security
Court of Appeals for the Sixth Circuit
Decided July 12, 2004No. 02-2058PublishedCited by 110 opinions
1Opinion of the Court
OPINION
BOYCE F. MARTIN, JR., Circuit Judge.
Jimmie Howard appeals from the district court’s denial of his request for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, in this social security benefits action. Because we conclude that the district court erred in finding that the Commissioner of Social Security’s position was “substantially justified,” we REVERSE and REMAND for a determination of whether the fees requested were reasonable under the Act.
I
Howard applied for supplemental income disability benefits in March 1995 under Title II of the Social Security Act,…
2Cases cited7 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Jimmie L. Howard v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2002
- Scarborough v. PrincipiSupreme Court of the United States · 2004
- Thomas FLORES, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- Debbie Webb v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- Delong v. Commissioner of Social Security AdministrationCourt of Appeals for the Sixth Circuit · 2014
- Salena Glenn v. Comm'r of Social SecurityCourt of Appeals for the Sixth Circuit · 2014
- Timothy Ledford v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2008
- Kholyavskiy v. HolderCourt of Appeals for the Seventh Circuit · 2009
- Potdar v. HolderCourt of Appeals for the Seventh Circuit · 2009
105 more not listed; retrieve them via the Exa API.