Legal Opinion

Scavone v. Sullivan

District Court, E.D. New York

Decided January 9, 1992No. 90 Civ. 0636, 88 Civ. 2260PublishedCited by 4 opinions

1Opinion of the Court

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Plaintiffs, pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A) (West Supp.1991), seek an award of attorney fees after successfully challenging a denial of disability benefits by the Secretary of Health and Human Services (“Secretary”). They also have requested a cost-of-living increase using the “Legal Services” category of the Consumer Price Index. EAJA currently provides for $75 per hour.

Because the Secretary’s position in the underlying disability actions was substantially justified within the meaning of the…

2Cases cited9 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
  3. Reygo Pacific Corporation, J. David Franklin, Non-Party-Appellant v. Johnston Pump CompanyCourt of Appeals for the Ninth Circuit · 1982
  4. Environmental Defense Fund, Inc. v. WattCourt of Appeals for the Second Circuit · 1983
  5. Mary COHEN, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1988

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hanrahan v. ShalalaDistrict Court, E.D. Wisconsin · 1993
  2. Wonders v. ShalalaDistrict Court, E.D. Wisconsin · 1993
  3. Scavone v. SullivanCourt of Appeals for the Second Circuit · 1992
  4. United States v. GiovanelliDistrict Court, S.D. New York · 1994

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