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TIRADO v. BOWEN

No. 83 Civ. 9189 (DNE).

690 F.Supp. 296 (1988)

Carmen TIRADO, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, S.D. New York.

August 8, 1988.

Attorney(s) appearing for the Case

Binder & Binder, Hauppauge, N.Y. (Charles E. Binder, of counsel), for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. (Sapna V. Raj, Sp. Asst. U.S. Atty., of counsel), Office of the Gen. Counsel, Dept. of Health and Human Services (Annette H. Blum, New York City, Curtis Axelson, of counsel), for defendant.

MEMORANDUM AND ORDER

EDELSTEIN, District Judge:

Plaintiff Carmen Tirado has moved for an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Because the government's position was substantially justified, the motion is denied.

Background

On October 22, 1979, the plaintiff applied for disability benefits under the Social Security Act, alleging that she became disabled after undergoing...

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