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ANDERSON v. HECKLER

No. 84-1451.

756 F.2d 1011 (1985)

James ANDERSON, Appellant, v. Margaret M. HECKLER, Secretary of Department of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1985.

Attorney(s) appearing for the Case

Ethel Zelenske, Baltimore, Md. (Sharon Braverman, Garth A. Corbett, on brief), for appellant.

Mary Beth McNamara, Gen. Counsel, Social Security Div., Dept. of Health and Human Services (J. Frederick Motz, U.S. Atty., John Douglass, Asst. U.S. Atty., Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, Gen. Counsel, Dept. of Health and Human Services, A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., on brief), for appellee.

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

HARRISON L. WINTER, Chief Judge:

After the claimant, James A. Anderson, was successful in the district court in overturning the Secretary's determination that he was no longer entitled to social security disability benefits, he sought an award of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412.1 The district court ruled that the position of the Secretary was "substantially...

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