Legal Opinion
Benerethia McGill v. Secretary of Health and Human Services
Court of Appeals for the Second Circuit
Decided July 7, 1983No. 1392, Docket 83-6040PublishedCited by 118 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
On this appeal, we confront the question of whether a social security claimant whose case is remanded to the Secretary for the taking of additional evidence on her disability claim is entitled to an award of attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Supp. V 1981) (EAJA). The district court awarded fees to plaintiff, finding that she was a prevailing party within the meaning of the EAJA and that the Secretary’s position in opposing the remand was not substantially justified. Because we conclude that plaintiff has not yet…
2Cases cited32 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Carey v. PiphusSupreme Court of the United States · 1978
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
27 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Eugenio CRUZ, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1990
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- 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
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Burton M. Abrams and Marguerite M. Abrams v. Interco IncorporatedCourt of Appeals for the Second Circuit · 1983
113 more not listed; retrieve them via the Exa API.