Legal Opinion

Allen S. Berman v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

Court of Appeals for the Seventh Circuit

Decided July 27, 1983No. 82-1621PublishedCited by 89 opinions

1Opinion of the Court

TIMBERS, Circuit Judge.

This appeal by the Secretary of Health and Human Services requires us to resolve, *1291at least within this Circuit, a dispute as to whether attorneys’ fees granted in a Social Security case to the prevailing party under the Equal Access to Justice Act (EAJA or Act), Pub.L. No. 96-481, 94 Stat. 2325 (1980), retroactively applies to attorneys’ fees for work performed prior to the effective date of the Act. The Secretary appeals solely to challenge the district court’s ruling which allowed a retroactive award of attorneys’ fees. We hold that the EAJA does apply to attorneys’…

2Cases cited40 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. United States v. MitchellSupreme Court of the United States · 1980
  4. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  5. United States v. KingSupreme Court of the United States · 1969

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

3Cited by89 opinions

  1. Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
  2. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  3. Albert L. Wilson v. Edward Murray, Director of the Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1986
  4. Jessie SINGLETON, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1988
  5. Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983

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

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