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McGILL v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 1392, Docket 83-6040.

712 F.2d 28 (1983)

Benerethia McGILL, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Ruben Nazario, Brooklyn, N.Y. (Brooklyn Legal Services Corp. B, John C. Gray, Jr., Jane Greengold Stevens, Brooklyn, N.Y., of counsel), for plaintiff-appellee.

Michael A. Mulqueen, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Miles N. Tepper, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for defendant-appellant.

Before KAUFMAN, PRATT and GIBSON, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

On this appeal, we confront the question of whether a social security claimant whose case is remanded to the Secretary for the taking of additional evidence on her disability claim is entitled to an award of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Supp. V 1981) (EAJA). The district court awarded fees to plaintiff, finding that she was a prevailing party...

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