CORNELLA v. SCHWEIKER

No. 83-1209.

741 F.2d 170 (1984)

Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied September 7, 1984.


Attorney(s) appearing for the Case

Black Hills Legal Services, Inc., by Mark Falk, Rapid City, S.D., for appellant.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Phillip N. Hogen, U.S. Atty., Sioux Falls, S.D., William Kanter, Sara B. Greenberg, Attys., Appellate Staff Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.


HENLEY, Senior Circuit Judge.

In Cornella v. Schweiker, 728 F.2d 978 (8th Cir.1984), we held that the Social Security Administration was not "substantially justified" in denying Wallis D. Cornella disability benefits. Under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412; 5 U.S.C. § 504 (Supp.1982), we therefore awarded him attorneys' fees incurred in connection with the district court proceedings. Cornella...

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