Legal Opinion

Wells v. Bowen

Court of Appeals for the Second Circuit

Decided August 9, 1988No. Nos. 1166, 1165, 1167 and 1133; Dockets 88-6048, 88-6046, 88-6050 and 88-6052PublishedCited by 255 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

In these four appeals, which we have considered together, we must resolve several troublesome and recurring issues arising out of the awarding of attorney’s fees under the applicable provision of the Social Security Act (SSA), 42 U.S.C. § 406(b) (1982). Specifically, we must consider the relationship between the SSA fee provision and an analogous provision of the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (1982 & Supp. IV 1986), and we must decide what standards should be applied in assessing the “reasonableness” of fees awarded under the SSA. We also must…

2Cases cited36 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  5. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974

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3Cited by255 opinions

  1. Dale Wells, William Hlywa v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Appeal of John S. HoggCourt of Appeals for the Second Circuit · 1990
  2. Fields v. KijakaziCourt of Appeals for the Second Circuit · 2022
  3. Richard S. RUSSELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
  4. Pribek v. Secretary, Department of Health & Human ServicesDistrict Court, W.D. New York · 1989
  5. Tobias J. COTTER, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, AppelleeCourt of Appeals for the Eighth Circuit · 1989

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