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HICKS v. HECKLER

No. 84-1640.

756 F.2d 1022 (1985)

Una Mae HICKS, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1985.

Attorney(s) appearing for the Case

Martin Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Va., for appellant.

David L. Hyman, Asst. Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa. (Beverly Dennis, III, Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., John P. Alderman, U.S. Atty., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

The district court denied attorney's fees under the Equal Access to Justice Act to Una Mae Hicks, a claimant who, in the district court, successfully set aside the Secretary's contrary determination of her eligibility and obtained an award of social security disability benefits. 586 F.Supp. 853. The court denied her claim for attorney's fees on the ground that the Secretary was substantially justified...

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