Griffen COOK, Appellant, v. Margaret HECKLER, Sec'y of Health & Human Servs., Appellee, 751 F.2d 240 (8th Cir. 1984). · Go Syfert
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Griffen COOK, Appellant, v. Margaret HECKLER, Sec'y of Health & Human Servs., Appellee, 751 F.2d 240 (8th Cir. 1984). Cases Citing This Book View Copy Cite
33 citation events (3 in the last 25 years) across 15 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
cited Cited as authority (rule) Harvill-Zangaro v. Bisignano
E.D. Mo. · 2025 · confidence medium
“It is not enough to have won a remand to the administrative level for further proceedings.” Id. (citing Cook v. Heckler, 751 F.2d 240, 241 (8th Cir. 1984)).
discussed Cited as authority (rule) Myers v. Sullivan
11th Cir. · 1990 · confidence medium
See Gu-glietti v. Sullivan, 900 F.2d 397, 399 (1st Cir.1990); Paulson v. Bowen, 836 F.2d 1249, 1252 (9th Cir.1988); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984); Brown v. Secretary of Health & Human Services, 747 F.2d 878, 880-81 (3d Cir.1984); McGill v. Schweiker, 712 F.2d 28, 32 (2d Cir.1983), cert. denied, 465 U.S. 1068 , 104 S.Ct. 1420 , 79 L.Ed.2d 745 (1984); Miller v. Schweiker, 560 F.Supp. 838 (M.D.Ala.1983); see Sullivan v. Hudson, 490 U.S. at -, 109 S.Ct. at 2255 (“We think it clear that ... a Social Security claimant would not, as a general matter, be a prevailing party within…
discussed Cited as authority (rule) 31 soc.sec.rep.ser. 313, unempl.ins.rep. Cch 15742a Doris Myers v. Louis W. Sullivan, Secretary of the Department of Health and Human Services of the United States, Carolyn L. Grimes v. Louis W. Sullivan, in His Official Capacity as the Secretary of the Department of Health and Human Services of the United States, Althea D. Parker v. Louis W. Sullivan, as U.S. Secretary of Health and Human Services, Mary Cohen v. Louis W. Sullivan, Secretary of Health and Human Services
11th Cir. · 1990 · confidence medium
See Guglietti v. Sullivan, 900 F.2d 397, 399 (1st Cir.1990); Paulson v. Bowen, 836 F.2d 1249, 1252 (9th Cir.1988); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984); Brown v. Secretary of Health & Human Services, 747 F.2d 878, 880-81 (3d Cir.1984); McGill v. Schweiker, 712 F.2d 28, 32 (2d Cir.1983), cert. denied, 465 U.S. 1068 , 104 S.Ct. 1420 , 79 L.Ed.2d 745 (1984); Miller v. Schweiker, 560 F.Supp. 838 (M.D.Ala.1983); see Sullivan v. Hudson, 490 U.S. at ----, 109 S.Ct. at 2255 ("We think it clear that ... a Social Security claimant would not, as a general matter, be a prevailing party within…
discussed Cited as authority (rule) Wagaman v. Bowen
D.S.D. · 1988 · confidence medium
See Gamber v. Bowen, 823 F.2d 242, 244 (8th Cir.1987); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984) (impliedly holding that the receipt of benefits on remand constitutes a final judgment mak *190 ing a claimant a prevailing party under EAJA).
discussed Cited as authority (rule) Cruz v. Bowen
D. Utah · 1987 · confidence medium
See Kemp v. Heckler, 777 F.2d 414, 414 (8th Cir.1985); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984); Brown v. Secretary of Health and Human Services, 747 F.2d 878, 883 (3rd Cir.1984); McGill v. Secretary of Health and Human Services, 712 F.2d 28 (2nd Cir.1983), cert. denied, 465 U.S. 1068 , 104 S.Ct. 1420 , 79 L.Ed.2d 745 (1984); Childress v. Heckler, 616 F.Supp. 563 (D.La.1985); Hutchinson v. Heckler, 612 F.Supp. 264 (D.Wis.1985); Steffens v. Heckler, 602 F.Supp. 754 (N.D.Ill.1985); Jones v. Heckler, 600 F.Supp. 1532 (E.D.Ill.1985).
cited Cited as authority (rule) Anthony BROUWERS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee
8th Cir. · 1987 · confidence medium
Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984).
cited Cited as authority (rule) Gamber v. Bowen
8th Cir. · 1987 · confidence medium
See Kemp v. Heckler, 777 F.2d 414, 414 (8th Cir.1985); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984).
cited Cited as authority (rule) Gamber v. Bowen
8th Cir. · 1987 · confidence medium
See Kemp v. Heckler, 777 F.2d 414, 414 (8th Cir.1985); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984).
cited Cited as authority (rule) Irvin E. SWEDBERG, Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellant
8th Cir. · 1986 · confidence medium
Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984).
discussed Cited as authority (rule) Vascera v. Heckler
D.R.I. · 1986 · confidence medium
In Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984), the Eighth Circuit opined that, “for purposes of an attorney fee award under EAJA it is not enough for a Social Security claimant to have won a remand to the Secretary for further administrative proceedings on the merits.” Cook , a case in which the Secretary committed multiple errors of the most egre *1201 gious sort 3 , stands as particularly strong authority for a bright line rule.
discussed Cited as authority (rule) Massachusetts Fair Share v. Law Enforcement Assistance Administration
D.C. Cir. · 1985 · confidence medium
Brown , and cases like it, e.g., Miller v. United States, 753 F.2d 270, 273-74 (3d Cir.1985); Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984); Von Luetzow v. Director, Office of Personnel Management, 562 F.Supp. 684, 685-86 (D.D.C.1983), involved so-called “procedural claims,” Brown v. Secretary of Health and Human Services, supra, at 882, such that the winning party received only the right to a new hearing by the agency. 12 .
discussed Cited "see" Frances GUGLIETTI, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant (2×)
1st Cir. · 1990 · signal: accord · confidence high
Accord Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984); Brown v. Secretary of HHS, 747 F.2d 878, 881-83 (3d Cir.1984); McGill v. Secretary of HHS, 712 F.2d 28, 31-32 (2d Cir.1983), ce rt. denied, 465 U.S. 1068 , 104 S.Ct. 1420 , 79 L.Ed.2d 745 (1984).
discussed Cited "see" Desrouchers v. Heckler
D. Nev. · 1988 · signal: see · confidence high
See Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984) (“It is the receipt of those benefits that renders a typical Social Security claimant a prevailing party.”); McGill v. Secretary of Health and Human Servs., 712 F.2d 28, 32 (2d Cir.1983) (party obtaining remand “will not become a prevailing party unless and until she is awarded benefits”), cert. denied, 465 U.S. 1068 , 104 S.Ct. 1420 , 79 L.Ed.2d 745 (1984); Hutchinson v. Heckler, 612 F.Supp. 264, 269 (E.D.Wis.1985) (after remand, “Secretary’s decision ... that the claimant [is] entitled to disability insurance benefits under th…
discussed Cited "see" Sherman v. Bowen
D. Me. · 1986 · signal: see · confidence high
See Cook v. Heckler, 751 F.2d at 241 ; McGill v. Secretary of Health and Human Services, 712 F.2d at 31-32 ; Childress v. Heckler, 616 F.Supp. 563 (D.La. 1985); Hutchinson v. Heckler, 612 F.Supp. 264 (D.Wis.1985).
discussed Cited "see" Herman W. SWENSON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee
9th Cir. · 1986 · signal: see · confidence high
See Cook v. Heckler, 751 F.2d 240 (8th Cir.1984); Brown v. Secretary of Health and Human Services, 747 F.2d 878 (3d Cir.1984); McGill v. Secretary of Health and Human Services, 712 F.2d 28 (2d Cir.1983), cert. denied, 465 U.S. 1068 , 104 S.Ct. 1420 , 79 L.Ed.2d 745 .(1984).
cited Cited "see" Delton v. KEMP, Appellant, v. Margaret HECKLER, Secretary, Department of Health and Human Services, Appellee
8th Cir. · 1985 · signal: see · confidence high
See Cook v. Heckler, 751 F.2d 240, 241 (8th Cir.1984).
Retrieving the full opinion text from the archive…
8 soc.sec.rep.ser. 176, unempl.ins.rep. Cch 15,680 Griffen Cook
v.
Margaret Heckler, Secretary of Health and Human Services
83-2681.
Court of Appeals for the Eighth Circuit.
Dec 26, 1984.
751 F.2d 240
Ross, Henley, Bowman.
Cited by 25 opinions  |  Published
HENLEY, Senior Circuit Judge.

On July 27, 1984 we reversed a decision of the district court upholding a final decision of the Secretary of Health and Human Services denying appellant Cook’s claim for disability benefits and directed remand to the Secretary for further administrative consideration. Cook v. Heckler, 739 F.2d 396 (8th Cir.1984).

Cook now has filed his motion for costs and attorney fees alleging entitlement pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Secretary has responded to that motion and Cook has replied to the Secretary’s response.

By now it is clear that a prevailing party may recover attorney fees and costs under the EAJA where the position of the government was not substantially justified. Cornella v. Schweiker, 728 F.2d 978 (8th Cir.1984). However, for purposes of an attorney fee award under EAJA it is not enough for a Social Security claimant to have won a remand to the Secretary for further administrative proceedings on the merits. It is the receipt of those benefits that renders a typical Social Security claimant a prevailing party. Brown v. Secretary of Health & Human Services, 747 F.2d 878 (3d Cir.1984); McGill v. Secretary of Health & Human Services, 712 F.2d 28, 32 (2d Cir.1983). Cf. Hanrahan v. Hampton, 446 U.S. 754, 100 S.Ct. 1987, 64 L.Ed.2d 670 (1980).

We join the Second and Third Circuits and thus hold that appellant here may not recover attorney fees and costs under the EAJA since he is not a “prevailing” party within the contemplation of that Act.

However, since Cook did win the appeal to the extent of securing a reversal and remand, he may recover the costs of the appeal as those costs are specifically allowable by statute or rule of court. See 28 U.S.C. § 2412(a); FRAP 39; 28 U.S.C. § 1920; Cornelia v. Schweiker, 741 F.2d 170, 172 (8th Cir.1984). In all other respects the application for attorney fees and costs must be denied.