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PERKET v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-1574.

905 F.2d 129 (1990)

Curtis J. PERKET, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Richard J. Jason, Marquette, Mich., for plaintiff-appellee.

Donna Morros Weinstein, Chief Counsel, Denise S. Spencer, Richard A. Urbin (argued), Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Michael L. Shiparski, Asst. U.S. Atty., Grand Rapids, Mich., for defendant-appellant.

Before JONES and MILBURN, Circuit Judges, and RUBIN, District Judge.

NATHANIEL R. JONES, Circuit Judge.

The Secretary of Health and Human Services ("the Secretary") appeals the district court's award of attorney fees to disability insurance claimant Curtis J. Perket under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A) (1982). We affirm.

I.

On December 21, 1982, the Secretary notified Perket that based on current medical evidence he was no longer eligible to receive the disability insurance...

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