SMITH v. HECKLER

No. 83-2101.

739 F.2d 144 (1984)

Pence Mae SMITH, Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1984.


Attorney(s) appearing for the Case

Debora L. Clovis, Third Year Law Student (Richard L. North, University of Maryland School of Law, Clinical Law Program, Baltimore, Md., on brief), for appellant.

Anne F. Sirota, Social Sec. Div., Washington, D.C. (J. Frederick Motz, U.S. Atty., Glenda G. Gordon, Asst. U.S. Atty., Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, and HALL and SPROUSE, Circuit Judges.


K.K. HALL, Circuit Judge:

Pence Mae Smith appeals from an order of the district court, denying her request for attorney's fees under the Equal Access to Justice Act ("EAJA").1 Smith prevailed below in the underlying action she brought against the Secretary of Health and Human Services (Secretary) to obtain social security benefits. We conclude that Smith is entitled to attorney's fees pursuant to the EAJA. Accordingly, we reverse and remand...

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