Legal Opinion

McNeill v. Secretary of Health and Human Services

District Court, W.D. New York

Decided June 2, 1989No. CIV-87-1498EPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ELFVIN, District Judge.

Presently before this Court is the discrete question of a “reasonable” attorney fee to be awarded under the Social Security Act (“SSA”), 42 U.S.C. § 406(b). The abo-venamed plaintiff had been successful in his bid for disability benefits in this action and had thereafter moved for payment of attorney’s fees from the government pursuant to the Equal Access to Justice Act (“the EAJA”), 28 U.S.C. § 2412, or alternatively from his withheld benefits under the SSA. The motion was construed — in light of the decision in Wells v. Bowen, 855 F.2d 37 (2d…

2Cases cited7 opinions

  1. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  2. Wells v. BowenCourt of Appeals for the Second Circuit · 1988
  3. Joseph Trichilo v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1987
  4. Mckittrick v. GardnerCourt of Appeals for the Fourth Circuit · 1967
  5. Parks v. BowenCourt of Appeals for the Second Circuit · 1988

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

3Cited by3 opinions

  1. In Re Holocaust Victim Assets LitigationDistrict Court, E.D. New York · 2002
  2. Brown v. SullivanDistrict Court, W.D. New York · 1989
  3. Mara v. SullivanDistrict Court, S.D. New York · 1990

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