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Top citers, strongest first. 50 distinct citers.
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cited
Cited as authority (rule)
Robert Simon, III v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).1 Plaintiff, through his motion, seeks attorney fees in the amount of $1,508.00.
cited
Cited as authority (rule)
Kittie Cleveland v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).1 Plaintiff, through her motion, seeks attorney fees in the amount of $9,516.00.
cited
Cited as authority (rule)
Shurronda L. Head v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).1 Plaintiff, through her motion, seeks attorney fees in the amount of $4,441.50.
cited
Cited as authority (rule)
Etory Robinson v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).1 Plaintiff, through his motion, seeks attorney fees in the amount of $7,720.74.
cited
Cited as authority (rule)
Jonathan Hubbard v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).1 Plaintiff, through his motion, seeks attorney fees in the amount of $7,593.33.
discussed
Cited as authority (rule)
Deborah Anne Smith v. Frank Bisignano, Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).1 Certain costs, such as filing fees, may be charged against the government of the United States, through the Office of the United States Attorney, and paid from the Judgment Fund by the Department of the Treasury.
cited
Cited as authority (rule)
Donald Richard Mabus, Jr. v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Burden v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
LABREE v. MARTIN J. O'MALLEY, Commissioner of the Social Security Administration
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Robbins v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Watts v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Cannon v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (Sth Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Martinez v. O'Malley
Breaux v. U.S. Dep’t of Health & Human Servs., 20 F.3d 1324, 1325 (5th Cir. 1994) (per curiam); see also Martinez- Nieves v. Saul, No. SA-20-CV-00538-ESC, 2021 WL 2292803 , at *1 (W.D.
cited
Cited as authority (rule)
Flores v. O'Malley
Breaux v. U.S. Dep’t of Health & Human Servs., 20 F.3d 1324, 1325 (5th Cir. 1994) (per curiam); see also Martinez- Nieves v. Saul, No. SA-20-CV-00538-ESC, 2021 WL 2292803 , at *1 (W.D.
cited
Cited as authority (rule)
Johnson v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Thomas v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
McCaskill v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Lockhart v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Ballesteros v. Commissioner of Social Security
Breaux v. U.S. Dep’t of Health & Human Servs., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Villanueva v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Deacon v. Kilolo Kijakazi, Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Blanchard v. Kijakazi
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Mojica v. Kilolo Kijakazi, Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Holmes v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Alvarez v. Kijakazi
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Moore v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Williams v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Polite v. Kijakazi
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Irvin v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Johnson v. Commissioner of Social Security
Shalala v. Schaefer, 509 U.S. 292, 302 (1993); Breaux v. United States Dep’t of Health and Human Servs., 20 F.3d 1324, 1324 (5th Cir. 1994).
cited
Cited as authority (rule)
Hall v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Valliere v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Ellett v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Rocchi v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Lopresto v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Thomas v. Commissioner of Social Security
Ed. 2d 239 (1993); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Miller v. Kijakazi
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Medina Rios v. Kilolo Kijakazi,Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Lujan v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Hardy v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Bernhardt v. Kijakazi
U.S.D.H.H.S., 20 F.3d 1324, 1324 (th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Kaufman v. Kijakazi
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Isabel Saucedo v. Kijakazi
U.S.D.H.H.S., 20 F.3d 1324, 1324 (th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Camarillo v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (Sth Cir. 1994) (per curiam).
discussed
Cited as authority (rule)
Hart Silas v. Colvin
As noted in the district court’s judgment, the 12 Rice v. Astrue, 609 F.3d 831, 833 (5th Cir. 2010); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1325 (5th Cir. 1994) (both citing Shalala v. Schaefer, 509 U.S. 292, 301-02 (1993)). matter was reversed and remanded pursuant to the fourth sentence of 42 U.S.C. § 405 (g).13 Therefore, she is a prevailing party. 3.
cited
Cited as authority (rule)
Roxanne Olivan Rosales v. Kilolo Kijakazi
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
discussed
Cited as authority (rule)
Rogers v. Social Security
Doc. 20 at 1. 12 Squires-Allman v. Callahan, 117 F.3d at 920 (quoting Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). 13 Rice v. Astrue, 609 F.3d 831, 833 (5th Cir. 2010); Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1325 (5th Cir. 1994) (both citing Shalala v. Schaefer, 509 U.S. 292, 301-02 (1993)). 14 28 U.S.C. § 2412 (d)(1)(B). matter on April 6, 2021,15 became final sixty days later when it was no longer appealable,16 and Ms. Rogers’s motion for fees and costs was filed less than thirty days thereafter on June 30, 2021.17 Accordingly, the motion was timely filed, and the Commissioner did not …
cited
Cited as authority (rule)
Martinez-Nieves v. Commissioner of Social Security
U.S.D.H.H.S., 20 F.3d 1324, 1324 (th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Moore v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
cited
Cited as authority (rule)
Saavedra v. Commissioner of Social Security
Breaux v. U.S.D.H.H.S., 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
Retrieving the full opinion text from the archive…
Patrick BREAUX, SSN: 455-78-6508, Plaintiff-Appellant,
v.
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
v.
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
92-4947.
Court of Appeals for the Fifth Circuit.
Jan 5, 1994.
Lonnie R. Smith, Southwest La. Legal Services Soc., Inc., Lake Charles, LA, for appellant., Joseph B. Liken, Sr. Sup. Lead Atty., DHHS-Office of Gen. Counsel, Dallas TX, Joseph S. Cage, Jr., U.S. Atty., Shreveport, LA, for appellee.
Politz, Higginbotham, Demoss.
Cited by 65 opinions | Published
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before POLITZ, Chief Judge, HIGGINBOTHAM, and DeMOSS, Circuit Judges. PER CURIAM:After the district court remanded this case to the ALJ for further findings, it denied Breaux’s application for attorneys fees under the Equal Access to Justice Act. This court[*1325] affirmed in an unpublished opinion, finding the case controlled by Bertrand v. Sullivan, 976 F.2d 977, 979-80 (5th Cir.1992). Breaux v. Secretary, 1 F.3d 1237 (5th Cir.1993) (per curiam). The Supreme Court vacated and remanded for further proceedings in light of its later decision in Shalala v. Schaefer, — U.S.-, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993). Breaux v. Shalala, — U.S. -, 114 S.Ct. 297, 126 L.Ed.2d 245 (1993).
Shalala v. Schaefer holds that a party who obtains a remand pursuant to the fourth sentence of 42 U.S.C. § 405(g) qualifies as a prevailing party for purposes of attorneys fees under the EAJA. -U.S. at- -, 113 S.Ct. at 2631-32. Schaefer overruled Part IV of Bertrand v. Sullivan, 976 F.2d at 979-80, which stated that a fee application by a plaintiff who has obtained a remand order should be denied “as premature and without prejudice.”
The district court’s denial of Breaux’s application is REVERSED and REMANDED to allow the district court to award reasonable attorney fees.