REEVES v. BOWEN

No. 87-7444 Non-Argument Calendar.

841 F.2d 383 (1988)

Dirven D. REEVES, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 28, 1988.


Attorney(s) appearing for the Case

Nelson Simmons, Jr., Legal Services of North-Central Alabama, Inc., Decatur, Ala., for plaintiff-appellant.

Frank W. Donaldson, U.S. Atty., Birmingham, Ala., Elyse S. Sharfman, U.S. Dept. of Health and Human Services, Office of the Chief Counsel, Atlanta, Ga., for defendant-appellee.

Before RONEY, Chief Judge, HATCHETT and ANDERSON, Circuit Judges.


PER CURIAM:

Social Security Claimant Dirven D. Reeves appeals the district court's denial of his application for attorney's fees under the Equal Access to Justice Act (EAJA). 28 U.S.C.A. § 2412. Because the district court did not abuse its discretion in concluding that the Government's position was "substantially justified," even though Reeves prevailed on an appeal to this Court and ultimately was awarded benefits by the agency, we affirm.

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