Legal Opinion
Mary COHEN, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Second Circuit
Decided January 25, 1988No. 446, Docket 87-6206PublishedCited by 34 opinions
1Opinion of the Court
DAVIS, Circuit Judge:
Following her successful court challenge of an adverse decision of the Social Security Administration (SSA), plaintiff-appellant Mary Cohen applied for attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court determined that the position of the Government in defending the agency was substantially justified, and therefore declined to award attorney fees. Mrs. Cohen has brought this appeal.
I
The EAJA permits parties who successfully challenge Government actions in the courts to recover the costs of the litigation when the legal…
2Cases cited6 opinions
- Federal Election Commission v. Congressman Charles G. RoseCourt of Appeals for the D.C. Circuit · 1986
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- Environmental Defense Fund, Inc. v. WattCourt of Appeals for the Second Circuit · 1983
- Zimmerman v. SchweikerDistrict Court, E.D. New York · 1983
- Mary Kirkland v. Railroad Retirement BoardCourt of Appeals for the Second Circuit · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Richard C. EAMES, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1988
- Ruby May HADDEN, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Tenth Circuit · 1988
- David v. SullivanDistrict Court, E.D. New York · 1991
- Mary Maida v. John J. Callahan, Acting Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1998
- Ahrens v. BowenCourt of Appeals for the Second Circuit · 1988
29 more not listed; retrieve them via the Exa API.