Legal Opinion

James R. Cook, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs

Court of Appeals for the Federal Circuit

Decided October 11, 1995No. 94-7073PublishedCited by 25 opinions

1Opinion of the Court

PLAGER, Circuit Judge.

This case requires us to determine whether § 204 of the Equal Access to Justice Act (“EAJA”), Pub.L. No. 96-481, § 204, 94 Stat. 2328 (1980), codified as amended at 28 U.S.C. § 2412(d), authorizes an award of fees for the services of an unsupervised nonlaw-yer representative appearing before the Court of Veterans Appeals on behalf of a veteran appealing a denial of benefits. The Court of Veterans Appeals denied such an award to James R. Cook (Appellant), concluding that Congress did not provide for such fees in the 1992 legislation making the EAJA applicable to…

2Cases cited18 opinions

  1. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  2. Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989
  3. West Virginia University Hospitals, Inc. v. CaseySupreme Court of the United States · 1991
  4. United States v. LockeSupreme Court of the United States · 1985
  5. Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991

13 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Fanning, Phillips and Molnar v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  2. Comer v. PeakeCourt of Appeals for the Federal Circuit · 2009
  3. Augustine v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2005
  4. American Wrecking Corp. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2004
  5. Walsh v. Boston UniversityDistrict Court, D. Massachusetts · 2009

20 more not listed; retrieve them via the Exa API.

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