Legal Opinion

Ronald E. Marshall v. Commissioner of Social Security

Court of Appeals for the Sixth Circuit

Decided April 18, 2006No. 05-5492PublishedCited by 61 opinions

1Opinion of the Court

GRIFFIN, Circuit Judge.

Plaintiff Ronald E. Marshall appeals an order of the district court denying his motion for attorney’s fees brought pursuant to the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412(d)(1)(A). Marshall argues that the district court abused its discretion in ruling that he was not the “prevailing party” for EAJA purposes. We agree and accordingly reverse and remand for further proceedings.

I

On January 30, 2002, Marshall filed a complaint in the United States District Court for the Eastern District of Kentucky appealing the Commissioner of Social Security’s (“the…

2Cases cited18 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Shalala v. SchaeferSupreme Court of the United States · 1993
  3. Melkonyan v. SullivanSupreme Court of the United States · 1991
  4. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  5. Farrar v. HobbySupreme Court of the United States · 1992

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

3Cited by61 opinions

  1. Delong v. Commissioner of Social Security AdministrationCourt of Appeals for the Sixth Circuit · 2014
  2. Roxie Hollon, on Behalf of Joseph W. Hollon v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2006
  3. Mirta Morillo-Cedron v. District Director for the U.S. Citizenship and Immigration ServicesCourt of Appeals for the Eleventh Circuit · 2006
  4. Ma v. Chertoff Ex Rel. United States Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2008
  5. Robert Hayes v. Comm'r of Soc. Sec.Court of Appeals for the Sixth Circuit · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API