Legal Opinion
Zimmerman v. Schweiker
District Court, E.D. New York
Decided December 5, 1983No. CV-82-2217PublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, Chief Judge:
Plaintiff was denied disability benefits by the Secretary. This court reversed and ordered benefits. 42 U.S.C. §§ 416(i), 423. Plaintiff now applies for attorney’s fees pursuant to the Equal Access to Justice Act. 28 U.S.C. § 2412(d). Since the government’s position was unreasonable and without justification, fees are granted.
I. FACTS
Mrs. Zimmerman has endured pain and physical limitation for all of her adult life. At the age of 12, she had a low left thigh amputation as a result of a severe form of cancer. A prosthesis was fitted to the short stump…
2Cases cited25 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
- Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
- Dougherty, Gregory v. Lehman, John, Secretary of the Navy, Dougherty, Gregory v. Lehman, John, Secretary of the NavyCourt of Appeals for the Third Circuit · 1983
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
20 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Thomas Dodson v. Marvin Runyon, Postmaster General for the U.S. Postal ServiceCourt of Appeals for the Second Circuit · 1996
- Mary COHEN, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1988
- Bunn v. BowenDistrict Court, E.D. North Carolina · 1986
- Dacosta v. City of N.Y.District Court, E.D. New York · 2017
- DiGennaro v. BowenDistrict Court, E.D. New York · 1987
28 more not listed; retrieve them via the Exa API.