Legal Opinion

Myron S. ASTON, Jr., Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant

Court of Appeals for the Second Circuit

Decided December 24, 1986No. 332, Docket 86-6125PublishedCited by 100 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

The Secretary of Health and Human Services (Secretary) appeals from Judge McCurn’s award of attorney’s fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982), as a result of a successful suit for social security disability benefits brought by Myron S. Aston, Jr.

BACKGROUND

Aston brought the underlying action to appeal a final decision by the Secretary that Aston was not disabled and denying him benefits. The district court reversed the Secretary and remanded for calculation of benefits. Aston received $88,000 in past due benefits and a…

2Cases cited4 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
  3. Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Action on Smoking and Health v. Civil Aeronautics Board, Air Transport Association of America, Transamerica Airlines, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1984
  4. International Woodworkers of America, Afl-Cio, Local 3-98 v. Raymond J. Donovan, Secretary of Labor, and California Employment Development DepartmentCourt of Appeals for the Ninth Circuit · 1985

3Cited by100 opinions

  1. Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
  2. LeBlanc-Sternberg v. FletcherCourt of Appeals for the Second Circuit · 1998
  3. Sternberg v. FletcherCourt of Appeals for the Second Circuit · 1998
  4. George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
  5. Michael Kuzma v. Internal Revenue Service, and Marshall P. Cappelli, District DirectorCourt of Appeals for the Second Circuit · 1987

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