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RHOTEN v. BOWEN

Nos. 87-1755, 87-1756, 88-1527 and 88-1528.

854 F.2d 667 (1988)

Gerald RHOTEN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee. Shirley A. BABB, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee. James L. SMITH, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee. Hazel HUNT, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1988.

Attorney(s) appearing for the Case

Martin Douglas Wegbreit, Castlewood, Va. (Client Centered Legal Services of Southwest Virginia, Inc. on brief), for plaintiffs-appellants.

Ira E. Ziporkin, Office of the General Counsel, Social Sec. Div., Washington, D.C. (Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Security Litigation, Rockville, Md., John M. Sacchetti, Chief, Retirement, Survivors and Supplemental Assistance Litigation Branch, Dept. of Health & Human Services, Washington, D.C., John P. Alderman, U.S. Atty. Roanoke, Va., on brief), for defendant-appellee.

Before WINTER, Chief Judge, and RUSSELL and WILKINS, Circuit Judges.

WILKINS, Circuit Judge:

Social security and supplemental security income disability claimants Gerald Rhoten, Shirley A. Babb, James L. Smith, and Hazel Hunt appeal from district court orders denying their applications for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412 (West 1978 & Supp.1988). We reverse and remand for awards of reasonable fees.

I.

Generally, disability benefits may be terminated when evidence...

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