Legal Opinion
Smith v. Bowen
District Court, S.D. Indiana
Decided June 16, 1987No. Cause IP 84-902-CPublishedCited by 2 opinions
1Opinion of the Court
ENTRY
STECKLER, District Judge.
This matter is before the Court on an application for attorney fees pursuant to the Equal Access to Justice Act, (“E.A.J. A.”) 28 U.S.C. § 2412. The government opposes an award of fees, arguing that the plaintiff is not a prevailing party, and that the Secretary’s position was substantially justified.
This case had previously been remanded on the Secretary’s request pursuant to the Social Security Disability Benefits Reform Act of 1984 (“Reform Act”). Upon remand, plaintiff applied for attorney fees pursuant to § 2412, which this Court denied on February 29, 1986,…
2Cases cited8 opinions
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
- Coalition for Basic Human Needs v. Edward J. KingCourt of Appeals for the First Circuit · 1982
- Mary Strunk v. Margaret Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1984
- Tressler v. HecklerCourt of Appeals for the Third Circuit · 1984
- Sherman v. BowenDistrict Court, D. Maine · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Whiting v. BowenDistrict Court, W.D. Wisconsin · 1987
- Schupbach v. BowenDistrict Court, N.D. Indiana · 1987