Legal Opinion

Gamber v. Bowen

Court of Appeals for the Eighth Circuit

Decided July 10, 1987No. 86-5435-SDPublishedCited by 19 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Senior Circuit Judge:

We are asked to determine whether Gene Gamber should be awarded attorney fees under the Equal Access to Justice Act. The district court1 denied them, finding that the government’s position was substantially justified. We reverse.

*244BACKGROUND

Gamber applied for disability benefits in 1983, complaining that back, stomach, and chest pain prevented him from working. The agency acknowledged that his ability to read, write, and understand was limited, and referred him for mental and physical evaluations.

Testing revealed that he had an IQ of 68, placing him in the…

2Cases cited17 opinions

  1. Bowen v. YuckertSupreme Court of the United States · 1987
  2. Albert JACKSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1986
  3. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  4. Parsons v. HecklerCourt of Appeals for the Eighth Circuit · 1984
  5. Wayne L. Tennant v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1982

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

3Cited by19 opinions

  1. Jessie SINGLETON, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1988
  2. Caleb J. TRUAX, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, AppelleeCourt of Appeals for the Eighth Circuit · 1988
  3. Anton L. Hendricks v. Otis R. Bowen, M.D., Secretary of Health and Human Services, DefendantCourt of Appeals for the Seventh Circuit · 1988
  4. Robert J. Lauer v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2003
  5. Buford Gowen v. Otis R. Bowen, Secretary of Health and Human Services, Louie v. Pittman v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1989

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