BAILEY v. BOWEN

No. 86-5434.

827 F.2d 368 (1987)

Richard D. BAILEY, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1987.


Attorney(s) appearing for the Case

James D. Leach, Rapid City, S.D., for appellant.

Jeffrey C. Blair, Denver, Colo., for appellee.

Before ARNOLD and JOHN R. GIBSON, Circuit Judges, and WRIGHT, Senior Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

Richard Bailey appeals from a district court order denying his motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412 (West Supp.1987). We conclude that the Secretary's position that Bailey was able to engage in substantial gainful activity was not "substantially justified" and, accordingly, we reverse.

In June 1979, Bailey suffered an aneurysm of the anterior communicating artery in his...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases