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HEADLEE v. BOWEN

No. 87-2721.

869 F.2d 548 (1989)

Marilyn HEADLEE, Plaintiff-Appellant, v. Otis R. BOWEN, in his official capacity as Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 15, 1989.

Attorney(s) appearing for the Case

Daniel M. Taubman, Colorado Coalition of Legal Services Programs (Brian Patrick Lawlor, Colorado Rural Legal Services, Inc., with him, on the briefs), Denver, Colo., for plaintiff-appellant.

Chalk S. Mitchell, Asst. U.S. Atty. (Robert N. Miller, U.S. Atty., Ronald S. Luedemann, Chief Counsel, Thomas A. Nelson, Jr., Deputy Chief Counsel, Jeffrey C. Blair, Asst. Regional Counsel, of counsel, with him, on the brief), Denver, Colo., for defendant-appellee.

Before McKAY, BARRETT, and BALDOCK, Circuit Judges.

BARRETT, Senior Circuit Judge.

Marilyn Headlee (Headlee) appeals from an order entered by the district court on her application for attorney fees under the Equal Access to Justice Act, 28 U.S.C.A. § 2412(d) (EAJA). The relevant facts may be briefly summarized.

On April 27, 1987, the district court reversed a decision of the Secretary of Health and Human Services (Secretary) denying Headlee's disability benefits. 708 F.Supp. 1167

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