SHEPARD v. SULLIVAN

No. 88-3024.

898 F.2d 1267 (1990)

Harold SHEPARD, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services of the United States of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 1990.


Attorney(s) appearing for the Case

Thomas M. Henry, Peoria, Ill., for plaintiff-appellant.

Donald T. McDougall, Felisia A. Wesson, Dept. of Health and Human Services, Region V, Office of Gen. Counsel, Chicago, Ill., Bradley W. Murphy, Asst. U.S. Atty., Office of U.S. Atty., Peoria, Ill., for defendant-appellee.

Before CUDAHY, POSNER and MANION, Circuit Judges.


MANION, Circuit Judge.

Plaintiff Harold Shepard appeals the district court's denial of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). Because Shepard was not a "prevailing party" within the EAJA's meaning, we affirm.

I. FACTS

Harold Shepard filed concurrent applications for disability insurance benefits and supplemental security income on December 23, 1982 with the Department of Health and Human Services...

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