Legal Opinion
Harold BROUSSARD, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary, Department of Health and Human Services, Defendant-Appellee
Court of Appeals for the Fifth Circuit
Decided September 30, 1987No. 87-4232PublishedCited by 18 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The district court denied a request under the Equal Access to Justice Act by a successful Social Security benefits applicant for attorney’s fees on the ground that the Secretary’s position in denying benefits, while erroneous, was substantially justified. The issue is close, and we could not fault the district court had it awarded the fees sought. Our standard of review for such decisions, however, is abuse of discretion, and we can find no such egregious fault in the decision. We therefore affirm.
I
Harold Broussard had received disability benefits since 1971…
2Cases cited12 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Federal Election Commission v. Congressman Charles G. RoseCourt of Appeals for the D.C. Circuit · 1986
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- Beverly Fields v. Otis R. Bowen, M.D., Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Welter v. SullivanCourt of Appeals for the Eighth Circuit · 1991
- Dorothy A. Cummings v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1991
- TAYLOR, Catherine D., Appellant, v. Margaret M. HECKLER, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1988
- Fed. Sec. L. Rep. P 94,022 Securities & Exchange Commission v. Joseph C. Fox, David L. Ball, and Patricia J. RandallCourt of Appeals for the Fifth Circuit · 1988
- Hanrahan v. ShalalaDistrict Court, E.D. Wisconsin · 1993
13 more not listed; retrieve them via the Exa API.