Legal Opinion

McDonald v. Bowen

District Court, D. Massachusetts

Decided August 17, 1988No. Civ. A. 84-2190-GPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON FEE APPLICATIONS

GARRITY, District Judge.

This case is currently before the court on plaintiffs’ application for attorneys’ fees under the Equal Access to Justice Act (the EAJA), 28 U.S.C. § 2412(b) and (d). The named plaintiffs brought suit in 1984, challenging the regulatory policies used by the Social Security Administration to deny disability benefits on the grounds that a claimant does not have a severe impairment. The plaintiffs contended that two of these policies, viz., the agency’s application of the so-called severity test, incorporated as step two…

2Cases cited35 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Bowen v. YuckertSupreme Court of the United States · 1987
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  5. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970

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3Cited by11 opinions

  1. 27 soc.sec.rep.ser. 18, unempl.ins.rep. Cch 14888a Claire McDonald v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1989
  2. Cox Construction Co. v. United StatesUnited States Court of Claims · 1989
  3. Dixon v. International Brotherhood of Police OfficersDistrict Court, D. Massachusetts · 2006
  4. Former Employees of BMC Software, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2007
  5. In Re RobidouxDistrict Court, D. Massachusetts · 1990

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