BRYANT v. APFEL

No. Civ.A. CV-97-5887(DGT).

37 F.Supp.2d 210 (1999)

Donald G. BRYANT, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Respondent.

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

March 12, 1999.


Attorney(s) appearing for the Case

Charles E. Binder, Binder and Binder, New York City, for plaintiff.

Hon. Zachary W. Carter, United States Attorney, by David L. Goldberg, Brooklyn, New York, for respondent.


MEMORANDUM AND ORDER

TRAGER, District Judge.

This case presents an interesting issue: whether an award of attorney's fees is warranted under the Equal Access to Justice Act ("EAJA" or the "Act") where the Administrative Law Judge ("ALJ") at a hearing and, subsequently, plaintiff's counsel in an appeal within the agency are both responsible for failing to adequately develop a record of the plaintiff's medical history.

Background

Plaintiff...

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