TAYLOR v. HECKLER

No. 87-1039.

835 F.2d 1037 (1987)

TAYLOR, Catherine D., Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided December 23, 1987.

Rehearing Denied February 25, 1988.

As Amended February 29, 1988.


Attorney(s) appearing for the Case

Alba E. Martinez (argued), David L. Hill, Community Legal Services, Inc., Philadelphia, Pa., for appellant.

Dorothea Lundelius (argued), Asst. Regional Counsel, DHHS/OGC/Region III, Philadelphia, Pa., for appellee.

Before HIGGINBOTHAM, BECKER and HUNTER, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This appeal concerns the denial of appellant's motion for fees and other expenses under the Equal Access to Justice Act, Extension and Amendment ("EAJA"), Pub.L. 99-80, 99 Stat. 183, codified at 5 U.S.C. § 504 (Supp. IV 1986) and 28 U.S.C. § 2412 (1982 & Supp. III 1985). The district court first rejected the government's position and granted appellant's request for disability benefits...

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