· 7/30/2004
McKay v. Barnhart
Citations
- 327 F. Supp. 2d 263
- 2004 U.S. Dist. LEXIS 14765
- 2004 WL 1717377
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that plaintiff, who received remand of his social security case, was the prevailing party
- finding that plaintiff whose social security case was remanded was the prevailing party
- \Courts look to traditional equitable principles when deciding whether special circumstances would make an award of attorney's fees unjust.\
- “[A] remand under sentence four of 42 U.S.C. § 405(g) . . . is a final judgment that qualifies a plaintiff for prevailing party status.”
- \[M]any courts have found that special circumstances under the EAJA exist in cases where the plaintiff unreasonably rejects the Government's offer to remand the case and a remand is the court's ultimate remedy.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Marrero
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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