Legal Opinion
Clay v. Secretary of Health & Human Services
District Court, D. New Hampshire
Decided July 18, 1986No. Civ. No. 83-508-DPublishedCited by 1 opinion
1Opinion of the Court
ORDER
DEVINE, Chief Judge.
In this action, plaintiff Joann Clay ultimately succeeded in her lengthy effort to procure Supplemental Security Income benefits (“SSI”) pursuant to Title XVI, 42 U.S.C. §§ 1381-1383. While waiting for her benefits award, she was required to accept welfare benefits from the State of New Hampshire, and, accordingly, when the award was made the defendant reimbursed plaintiff’s SSI benefits directly to the State.
Plaintiff’s counsel has moved the Court for an award of counsel fees either (1) pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, or (2)…
2Cases cited17 opinions
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Sidney E. Dawson v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1970
- Davis C. HERRON, Plaintiff-Appellant, v. Otis W. BOWEN, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1986
- Clarence K. Taylor v. Margaret M. Heckler, Secretary of Health and Human Services, DefendantCourt of Appeals for the Eleventh Circuit · 1985
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3Cited by1 opinion
- Joann Clay v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987