Legal Opinion
Gloria T. ALBRECHT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary, Health and Human Services, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided July 11, 1985No. 84-3681PublishedCited by 28 opinions
1Per curiam
Albrecht secured the reversal of a denial of her social security disability insurance benefits. However, she appeals from the district court’s denial of attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (Act). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The Act provides that attorneys’ fees are available to a prevailing party in a civil action against the United States unless “the position of the United States was substantially justified.” 28 U.S.C. § 2412(d)(1)(A). To determine whether the Secretary’s position was substantially justified, we apply a…
2Cases cited7 opinions
- Thomas P. MURRAY, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Allen v. HecklerCourt of Appeals for the Ninth Circuit · 1984
- Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
- Foster v. TourtellotteCourt of Appeals for the Ninth Circuit · 1983
- Hoang Ha v. Richard Schweiker, Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Wayne Winans v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1988
- Jacqueline W. DAVIS, Plaintiff-Appellant, v. Margaret M. HECKLER, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
- Richard S. RUSSELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
- Gomez v. ChaterCourt of Appeals for the Ninth Circuit · 1996
- United States v. Franklin M. YoffeCourt of Appeals for the First Circuit · 1985
23 more not listed; retrieve them via the Exa API.