TAVAREZ v. HECKLER

No. 84 Civ. 1691 (WCC).

610 F.Supp. 1059 (1985)

Freddy TAVAREZ, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

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

June 14, 1985.


Attorney(s) appearing for the Case

Community Law Offices, New York City (Robert S. Herbst, New York City, of counsel), for plaintiff.

Rudolph W. Giuliani, U.S. Atty. for Southern Dist. of New York, New York City (Mark S. Sochaczewsky, Sp. Asst. U.S. Atty., Annette H. Blum, Regional Atty., Region II, and Susan D. Baird, Sp. Asst. Regional Atty., Office of Gen. Counsel, Dept. of Health and Human Services, New York City, of counsel), for defendant.


OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Plaintiff Freddy Tavarez ("Tavarez") seeks an award of costs and attorney's fees from the Secretary of Health and Human Services ("the Secretary") for legal expenses incurred in his ultimately successful effort to secure Supplemental Security Income ("SSI") benefits. Tavarez relies on § 204(a) of the Equal Access to Justice Act ("EAJA" or "the Act"), 28 U.S.C. § 2412, which provides, inter...

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