Legal Opinion
Ralph DAMATO, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Seventh Circuit
Decided January 6, 1992No. 90-1402PublishedCited by 74 opinions
1Opinion of the Court
COFFEY, Circuit Judge.
Damato brought this action seeking attorney fees pursuant to 28 U.S.C. § 2412(d)(1) as the prevailing party in an action against the United States. The district court rejected the request for attorney fees, finding that the position of the United States was substantially justified. We affirm.
I. BACKGROUND
Claiming an inability to work as a result of emphysema and bronchitis as well as poor circulation in his legs, Ralph Damato filed an application for Supplemental Security Income disability benefits pursuant to Title XVI of the Social Security Act, 42 U.S.C. § 1381 et…
2Cases cited15 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Califano v. SandersSupreme Court of the United States · 1977
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Mary Joyce ZBLEWSKI, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of the Department of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Donnell Mitchell v. Commissioner, Social Security AdministrationCourt of Appeals for the Eleventh Circuit · 2014
- Viola BROWNING, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1992
- Stepp v. ColvinCourt of Appeals for the Seventh Circuit · 2015
- Meyer v. AstrueCourt of Appeals for the Fourth Circuit · 2011
- Thomas Eads, Jr. v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1993
69 more not listed; retrieve them via the Exa API.