CRUZ v. APFEL

No. Civ.A. CV-96-5357(DGT).

48 F.Supp.2d 226 (1999)

Jose CRUZ, Plaintiff, v. Kenneth APFEL, Commissioner of the Social Security Administration, Defendant.

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

March 10, 1999.


Attorney(s) appearing for the Case

Carolyn A. Kubitschek, Lanser & Kubitschek, New York City, for Plaintiff.

Zachary W. Carter, U.S. Atty's Office, Civil Division, Brooklyn, NY, by Rosanne M. Harvey, for Defendant.


MEMORANDUM AND ORDER

TRAGER, District Judge.

Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1994 & Supp. 1996), plaintiff, Jose Cruz, moves for the award of attorney's fees in relation to his successful appeal of the Social Security Administration's decision denying Mr. Cruz Supplemental Security Income benefits. Because the Commissioner's position opposing remand was not substantially justified by the evidence in the record...

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