Legal Opinion

Shalala v. Schaefer

Supreme Court of the United States

Decided June 24, 1993No. 92-311PublishedCited by 4,583 opinions

1Opinion of the CourtJustice Scalia

This case concerns the proper timing of an application for attorney’s fees under the Equal Access to Justice Act (EAJA) in a Social Security case. Under 42 U. S. C. § 405(g), a claimant has the right to seek judicial review of a final *294decision of the Secretary of Health and Human Services denying Social Security benefits. One possible outcome of such a suit is that the district court, pursuant to sentence four of § 405(g), will enter “a judgment . . . reversing the decision of the Secretary . . . [and] remanding the cause for a rehearing.” The issue here is whether the 30-day period for…

2Cases cited12 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Melkonyan v. SullivanSupreme Court of the United States · 1991
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Hewitt v. HelmsSupreme Court of the United States · 1987

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

3Cited by4,583 opinions

  1. Astrue v. RatliffSupreme Court of the United States · 2010
  2. Ingram v. Commissioner of Social Security AdministrationCourt of Appeals for the Eleventh Circuit · 2007
  3. Seavey v. Social SecurityCourt of Appeals for the First Circuit · 2001
  4. Janet L. FAUCHER, Plaintiff-Appellee, Ronald L. Faucher, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1994
  5. Sinkler v. BerryhillCourt of Appeals for the Second Circuit · 2019

4,578 more not listed; retrieve them via the Exa API.

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