Legal Opinion

Alonzo P. LOPEZ, Plaintiff/Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services of the United States, Defendant/Appellee

Court of Appeals for the Tenth Circuit

Decided August 17, 1989No. 88-2495PublishedCited by 5 opinions

1Opinion of the Court

STEPHEN H. ANDERSON, Circuit Judge.

Alonzo Lopez, recipient of disability benefits under Title II of the Social Security Act, appeals from a decision of the district court denying his motion for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (“EAJA”) and the Social Security Act, 42 U.S.C. § 406(b). We conclude that the district court made an incorrect legal ruling with respect to the effect on Lopez’ situation of the Social Security Disability Benefits Reform Act of 1984, and we REMAND to the district court for a determination of whether, had his appeal been…

2Cases cited15 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
  3. Sullivan v. HudsonSupreme Court of the United States · 1989
  4. George R. WEAKLEY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1986
  5. Essie D. COOK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986

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3Cited by5 opinions

  1. Amigos Bravos v. Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2003
  2. Fortunato Lopes v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1993
  3. Joan PETRONE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
  4. Joan PETRONE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
  5. Lopes v. SullivanCourt of Appeals for the First Circuit · 1993

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