Joseph E. LIVELY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Pierce v. Underwood, 487 U.S. 552, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988), relaxed standard of review of district courts’ EAJA fee decisions from de novo to abuse of discretion
• asserting in dictum that, ”[a]s in Lively, we again decline to determine if the second ALJ finding is supported by substantial evidence”
• EAJA fees awarded when no evidence supported district court's finding that Secretary was substantially justified
• government substantially justified when the “case was not an easy one. It required government attorneys and an administrative law judge to make difficult judgments on the evidence”

Source: CourtListener parenthetical corpus (CC0).