Legal Opinion
Sisk v. Bowen
District Court, W.D. Missouri
Decided April 6, 1988No. 87-0188-CV-W-5PublishedCited by 1 opinion
1Opinion of the Court
ORDER
SCOTT O. WRIGHT, Chief Judge.
Pending before the Court is plaintiff’s application for an award of attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1985).
Under the EAJA, a “prevailing party” will be awarded attorney’s fees if the position of the United States was not “substantially justified,” unless special circumstances make the award unjust. 28 U.S.C. § 2412(d)(1)(A). Plaintiff James A. Sisk clearly was the prevailing party in this appeal from denial of Social Security disability benefits.
The test of whether the government’s position is “substantially…
2Cases cited10 opinions
- Albert JACKSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1986
- Lorraine POLASKI, Et Al., Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1984
- Joseph Trichilo v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1987
- United States v. 1,378.65 Acres of Land, More or Less, Situate in Vernon County, State of Missouri, and Laurance PhisterCourt of Appeals for the Eighth Circuit · 1986
- Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985
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3Cited by1 opinion
- George v. SullivanDistrict Court, D. Maryland · 1990