ZIMMERMAN v. SCHWEIKER

No. CV-82-2217.

575 F.Supp. 1436 (1983)

Rosalyn ZIMMERMAN, Plaintiff, v. Richard SCHWEIKER, Secretary, H.H.S., Defendant.

United States District Court, E.D. New York.

December 5, 1983.


Attorney(s) appearing for the Case

Meltzer & Fishman by Harold Fishman, New York City, for plaintiff.

Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for defendant.


MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Plaintiff was denied disability benefits by the Secretary. This court reversed and ordered benefits. 42 U.S.C. §§ 416(i), 423. Plaintiff now applies for attorney's fees pursuant to the Equal Access to Justice Act. 28 U.S.C. § 2412(d). Since the government's position was unreasonable and without justification, fees are granted.

I. FACTS

Mrs. Zimmerman has endured pain and physical...

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