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COHEN v. BOWEN

No. 446, Docket 87-6206.

837 F.2d 582 (1988)

Mary COHEN, Plaintiff-Appellant, v. Otis BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 25, 1988.

Attorney(s) appearing for the Case

Bonnie Garone, New York City (Weil, Gotshal & Manges, of counsel) for plaintiff-appellant.

Diogenes P. Kekatos, Sp. Asst. U.S. Atty., for defendant-appellee.

Before KAUFMAN, MINER and DAVIS, Circuit Judges.

DAVIS, Circuit Judge:

Following her successful court challenge of an adverse decision of the Social Security Administration (SSA), plaintiff-appellant Mary Cohen applied for attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court determined that the position of the Government in defending the agency was substantially justified, and therefore declined to award attorney fees. Mrs. Cohen has brought this appeal.

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