Legal Opinion
Garcia v. Sullivan
District Court, S.D. New York
Decided December 9, 1991No. 89 CV 5517 (KMW)PublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
KIMBA M. WOOD, District Judge.
Plaintiff moves for an award of attorney’s fees from the government pursuant to the Equal Access to Justice Act (“the EAJA”), 28 U.S.C. § 2412. Because the court finds that plaintiff was the prevailing party within the meaning of the statute, and that the government has not met its burden of establishing that its position was substantially justified, plaintiff’s motion is granted.
Background
Plaintiff applied for disability benefits from defendant in November 1986. In December 1987, a Department of Health and Human Services Administrative Law Judge…
2Cases cited20 opinions
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- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Wells v. BowenCourt of Appeals for the Second Circuit · 1988
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
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3Cited by6 opinions
- Manning v. AstrueCourt of Appeals for the Tenth Circuit · 2007
- Edwards Ex Rel. Edwards v. BarnhartDistrict Court, S.D. New York · 2003
- Stephens v. AstrueDistrict Court, D. Maryland · 2008
- Rodonich v. House Wreckers Union, Local 95District Court, S.D. New York · 1993
- Maddalino v. WestUnited States Court of Appeals for Veterans Claims · 2000
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