Legal Opinion
Eugene R. Orner v. Donna E. Shalala, Secretary of the United States Department of Health & Human Services
Court of Appeals for the Tenth Circuit
Decided July 19, 1994No. 93-1400PublishedCited by 105 opinions
1Opinion of the Court
PAUL KELLY, Jr., Circuit Judge.
Plaintiff appeals 1 from a district court order granting the Secretary’s motion under Fed.R.Civ.P. 60(b) to amend a prior order that mistakenly awarded plaintiff $18,159.82 in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The amendment deleted all references to the EAJA and provided, instead, that the fees were awarded pursuant to 42 U.S.C. § 406(b). Fees under § 406(b) satisfy a client’s obligation to counsel and, therefore, are paid out of the plaintiffs social security benefits, while fees under the EAJA penalize the…
2Cases cited11 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Raymond J. Van Skiver Alma L. Van Skiver v. United States of America and John DoesCourt of Appeals for the Tenth Circuit · 1992
- Braley v. CampbellCourt of Appeals for the Tenth Circuit · 1987
- V. T. A., Inc. v. Airco, Inc.Court of Appeals for the Tenth Circuit · 1979
- Lyons v. Jefferson Bank & TrustCourt of Appeals for the Tenth Circuit · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- McGraw v. BarnhartCourt of Appeals for the Tenth Circuit · 2006
- Spitznas v. BooneCourt of Appeals for the Tenth Circuit · 2006
- Jackson v. Fie Corp.Court of Appeals for the Fifth Circuit · 2002
- Carter v. FennerCourt of Appeals for the Fifth Circuit · 1998
- United States v. BuckCourt of Appeals for the Tenth Circuit · 2002
100 more not listed; retrieve them via the Exa API.