KOSS v. SULLIVAN

No. 92-1354.

982 F.2d 1226 (1993)

Mary KOSS, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1993.


Attorney(s) appearing for the Case

Timothy C. Harlan, Columbia, MO, argued, for appellant.

Wesley D. Wedemeyer, Asst. U.S. Atty., St. Louis, MO (Frank V. Smith, III and Janet Braggs, Dept. of Health and Human Services, Kansas City, MO, on the brief), for appellee.

Before JOHN R. GIBSON, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

This appeal arises from a denial of attorneys' fees under the Equal Access to Justice Act. We hold that the government's position was not substantially justified until it filed a motion for remand with the district court. We reverse.

On June 16, 1986, Mary L. Koss applied for insurance benefits, disabled widow's benefits, and supplemental security income benefits under Title II and Title XVI of the Social Security Act, 42 U.S...

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