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HAFNER v. SULLIVAN

No. 91-1634.

972 F.2d 249 (1992)

Edwin J. HAFNER, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 11, 1992.

Attorney(s) appearing for the Case

Ethel Schaen, St. Paul, Minn., argued, for plaintiff-appellant.

Michael C. Messer, Chicago, Ill., argued (Robert M. Small, Asst. U.S. Atty., Minneapolis, Minn., on brief), for defendant-appellee.

Laurie N. Davison, Minneapolis, Minn., argued, for amicus curiae, Mid-Minnesota Legal Assistance.

Before McMILLIAN, JOHN R. GIBSON, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Once again, the Secretary of Health and Human Services urges us to interpret the Equal Access to Justice Act, 28 U.S.C. § 2412, as though Congress intended to "throw the Social Security claimant a lifeline that it knew was a foot short." Sullivan v. Hudson, 490 U.S. 877, 890, 109 S.Ct. 2248, 2256, 104 L.Ed.2d 941 (1989). Once again, we decline to do so.

In Hafner v. Bowen, Table at 881...

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