Flores v. Astrue, 2007 U.S. App. LEXIS 13900 (June 12)
To receive an attorney’s fees award pursuant to the Equal Access To Justice Act, it isn’t enough to be a prevailing party. In addition, the government’s position cannot have been “substantially justified.” Here, although plaintiff prevailed in getting an Administrative Law Judge’s decision denying her disability insurance benefits reversed and remanded, the trial court found that the Commissioner’s opposition to such benefits was indeed substantially justified. The Third Circuit affirmed the denial of fees.
