MILLIRON v. BOWEN

Civ. A. No. 86-113.

708 F.Supp. 677 (1989)

Arthur J. MILLIRON, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, W.D. Pennsylvania.

January 27, 1989.


Attorney(s) appearing for the Case

Samuel S. Blaufeld, Pittsburgh, Pa., for plaintiff.

Albert W. Schollaert, Asst. U.S. Atty., for defendant.


MEMORANDUM ORDER

GERALD J. WEBER, District Judge.

After obtaining an award of Social Security disability benefits on remand to the Secretary, plaintiff's counsel seeks an award of attorney's fees under the Equal Access to Justice Act, (EAJA), 28 U.S.C. § 2412 for the time spent before this court securing remand. The government has opposed this application on the premise that plaintiff is not a "prevailing party" within the meaning of the EAJA.

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