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HUDSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-7355.

839 F.2d 1453 (1988)

Elmer HUDSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 14, 1988.

Attorney(s) appearing for the Case

Richard J. Ebbinghouse, Birmingham, Ala., for plaintiff-appellant.

Frank W. Donaldson, U.S. Atty., Jenny L. Smith, M. Neal Reynolds, Birmingham, Ala., Christine Bradfield, U.S. Dept. of Health and Human Services, Nancy R. Bartlett, Atlanta, Ga., for defendant-appellee.

Before JOHNSON and CLARK, Circuit Judges, and DUMBAULD, Senior District Judge.

JOHNSON, Circuit Judge:

In this case stemming from an award by an Administrative Law Judge (ALJ) of benefits under the Social Security Act, Elmer Hudson appeals from the determination by the United States District Court for the Northern District of Alabama that she is not entitled to attorney fees under the Equal Access to Justice Act, 28 U.S.C.A. § 2412(d). We reverse and remand. We also hold that the award to Hudson on remand should include attorney fees for...

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