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Sullivan Vs. Hudson
Cites for this judgment
- US Supreme Court
- Jun 12, 1989
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U.S. 877 (1989) U.S. Supreme Court Sullivan v. HudsonSearch
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U.S. 877 (1989) Sullivan v. HudsonSearch
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status until after the result of the administrative proceedings is known. Cf. Hanrahan v. HamptonSearch
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Texas State Teachers Assn. v. GarlandSearch
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by providing for fees, they should be considered part of the action for which fees may be awarded. Pennsylvania v. DelawareSearch
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New York Gas Light Club, Inc. v. CareySearch
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Secretary's decision and instructed the District Court to remand the case to the Secretary for reconsideration. Hudson v. HecklerSearch
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App. to Pet. for Cert. 17a-20a. The Court of Appeals again reversed. Hudson v. SecretarySearch
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a Social Security benefits determination conflicts with the decisions of other Courts of Appeals, see, e.g., Cornella v. SchweikerSearch
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F.2d 978, 988-989 (CA8 1984), we granted the Secretary's petition for certiorari. Sub nom. Bowen v. HudsonSearch
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scope of the remand, the evidence to be adduced, and the legal or factual issues to be addressed. See, e.g., Cooper v. BowenSearch
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used for determining claimant disability. See, e.g., Cole v. SecretarySearch
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administrative proceedings is itself legal error, subject to reversal on further judicial review. See, e.g., Hooper v. HecklerSearch
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Mefford v. GardnerSearch
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Brief any citation in this list with AI Studio
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will retain jurisdiction over the action pending the Secretary's decision and its filing with the court. See Ahghazali v. SecretarySearch
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Taylor v. HecklerSearch
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Brown v. SecretarySearch
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The court retains the power in such situations to assure that its prior mandate is effectuated. See Ford Motor Co. v. NLRBSearch
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proceedings is known. The situation is for all intents and purposes identical to that we addressed in Hanrahan v. HamptonSearch
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Page 490 U. S. 887 Id. at 446 U. S. 759 . More recently in Texas State Teachers Assn. v. GarlandSearch
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meaning of the EAJA merely because a court had remanded the action to the agency for further proceedings. See Hewitt v. HelmsSearch
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S. 760 (1987). Indeed, the vast majority of the Courts of Appeals have come to this conclusion. See, e.g., Paulson v. BowenSearch
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Swedberg v. BowenSearch
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Brown v. SecretarySearch
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a claimant's civil action for judicial review until the administrative proceedings on remand are complete. See Guthrie v. SchweikerSearch
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for fees, they should be considered part and parcel of the action for which fees may be awarded. In Pennsylvania v. DelawareSearch
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U.S. at 478 U. S. 558 . Similarly, in New York Gas Light Club, Inc. v. CareySearch
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the statutory scheme whose enforcement the fee-shifting provisions was designed to promote. Ibid. See also Webb v. DyerSearch
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North Carolina Dept. of Transportation v. CrestSearch
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behind the EAJA itself, Congress cannot lightly be assumed to have intended it. See Christiansburg Garment Co. v. EEOCSearch
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the Secretary's position on judicial review was not substantially justified within the meaning of the EAJA, see Pierce v. UnderwoodSearch
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b)(1)(C) either initially or on remand from a court. See Richardson v. PeralesSearch
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indicates Congress' intent not to authorize recovery of fees in nonadversary agency adjudications. See TVA v. HillSearch
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proceedings as part of an ongoing civil action in court. In this regard, the majority's reliance on Pennsylvania v. DelawareSearch
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Valley Citizens' Council, 478 U. S. 546 (1986), and New York Gas Light Club, Inc. v. CareySearch
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as well as Webb v. DyerSearch
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and North Carolina Dept. of Transportation v. CrestSearch
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U.S. Supreme Court Sullivan v. HudsonSearch
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Cf. Hanrahan v. HamptonSearch
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Pennsylvania v. DelawareSearch
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Hudson v. HecklerSearch
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Hudson v. SecretarySearch
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Cornella v. SchweikerSearch
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Bowen v. HudsonSearch
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Cooper v. BowenSearch
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Cole v. SecretarySearch
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Hooper v. HecklerSearch
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See Ahghazali v. SecretarySearch
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See Ford Motor Co. v. NLRBSearch
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