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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.