Legal Opinion
Joseph Labrie v. Secretary of Health and Human Services
Court of Appeals for the First Circuit
Decided September 30, 1992No. 92-1066PublishedCited by 21 opinions
1Per curiam
This case compels us to enter the fray which has arisen in the wake of Melkonyan v. Sullivan, — U.S.-, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), concerning the timeliness of attorney’s fees applications in so-called “sentence four” Social Security remands. The district court read that decision as creating a “procedural no-man’s land” — as mandating that the application here be denied because it was not filed at an earlier time when, under then-prevailing law, it would have been premature. We disagree.
I
The facts are straightforward. Joseph Labrie (claimant) filed an application for Supplemental…
2Cases cited41 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Sullivan v. FinkelsteinSupreme Court of the United States · 1990
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
36 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Virginia L. HOLT, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1994
- Curtis v. SullivanDistrict Court, D. New Hampshire · 1992
- Williams v. SullivanDistrict Court, D. New Jersey · 1993
- Edward E. GRAY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1993
- Morin v. Secretary of Health & Human ServicesDistrict Court, D. New Hampshire · 1993
16 more not listed; retrieve them via the Exa API.