Legal Opinion
Squires-Allman v. Callahan
Court of Appeals for the Fifth Circuit
Decided July 30, 1997No. 96-20616PublishedCited by 16 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The Commissioner of Social Security appeals an award of attorney’s fees to Norma J. Squires-Allman. The Commissioner contends that Allman was not a prevailing party in the underlying litigation, and therefore is not entitled to collect attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Although Allman was granted certain prospective benefits on a remand from the district court, we agree that Allman was not a prevailing party for the purposes of the EAJA We therefore reverse the award of fees.
I
Allman filed an application for…
2Cases cited7 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Shalala v. SchaeferSupreme Court of the United States · 1993
- City of Huntington, West Virginia v. United StatesSupreme Court of the United States · 1994
- Irvin E. SWEDBERG, Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1986
- Davis C. HERRON, Plaintiff-Appellant, v. Otis W. BOWEN, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jeter v. AstrueCourt of Appeals for the Fifth Circuit · 2010
- Rice v. AstrueCourt of Appeals for the Fifth Circuit · 2010
- Sims v. ApfelCourt of Appeals for the Fifth Circuit · 2001
- Sealed v. SealedCourt of Appeals for the Fifth Circuit · 1997
- In Re WilliamsBankruptcy Appellate Panel of the Second Circuit · 1998
11 more not listed; retrieve them via the Exa API.