Legal Opinion

Vitale v. Secretary of Health and Human Services

District Court, N.D. New York

Decided November 23, 1987No. 83-CV-543PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

McCURN, District Judge.

Pending before the court in the above-captioned case is a motion by plaintiffs attorney, James Baker, for attorney's fees and expenses pursuant to § 2412(d)(1)(A) of the Equal Access to Justice Act (“EAJA”). 1 In the alternative, plaintiffs attorney is seeking attorney’s fees for representing plaintiff before this court, paid out of plaintiff’s past-due benefits pursuant to § 406(b)(1) of the Social Security Act. 2 For the reasons set forth herein, the motion by plaintiffs attorney for attorney’s fees and expenses under the EAJA is granted;…

2Cases cited21 opinions

  1. Califano v. YamasakiSupreme Court of the United States · 1979
  2. Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939
  3. Zambrana v. CalifanoCourt of Appeals for the Second Circuit · 1981
  4. Ricardo De Leon v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
  5. Hyatt v. HecklerCourt of Appeals for the Fourth Circuit · 1986

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3Cited by15 opinions

  1. Wells v. BowenCourt of Appeals for the Second Circuit · 1988
  2. Curtis J. Perket v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1990
  3. Caleb J. TRUAX, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, AppelleeCourt of Appeals for the Eighth Circuit · 1988
  4. Milton v. ShalalaCourt of Appeals for the Fifth Circuit · 1994
  5. Walker v. CoughlinDistrict Court, W.D. New York · 1995

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

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