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THOMPSON v. SULLIVAN

No. 92-1360.

980 F.2d 280 (1992)

Carl E. THOMPSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1992.

Attorney(s) appearing for the Case

John Simon Whitelaw, Appalachian Research and Defense Fund, Inc., Welch, W.Va., argued (Robert S. Baker, Appalachian Research and Defense Fund, Inc., Beckley, W.Va., on brief), for plaintiff-appellant.

William Brian Reeser, Asst. Regional Counsel, Office of Gen. Counsel, Dept. of Health and Human Services, Philadelphia, Pa., argued (Eileen Bradley, Chief Counsel, Region III, Dorothea J. Lundelius, Supervisory Asst. Regional Counsel, Office of Gen. Counsel, Dept. of Health and Human Services, Philadelphia, Pa., Michael W. Carey, U.S. Atty., Carol A. Casto, Asst. U.S. Atty., Charleston, W.Va., on brief), for defendant-appellee.

Before HALL and WILKINS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

K.K. HALL, Circuit Judge:

Carl Thompson appeals an order of the district court denying his application for attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. We must decide whether the district court abused its discretion in finding the government's position "substantially justified." Because the administrative law judge (ALJ) failed to apply proper circuit law to evaluate Thompson's subjective complaints of pain...

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