Handron v. Secretary Department of Health & Human Services

OPINION OF THE COURT

RENDELL, Circuit Judge.

Dr. John Handron, a psychologist, appeals from the denial of his request for counsel fees following his challenge to the government’s claim that he had overbilled Medicare and owed the government more than $600,000 in overpayments. At an ALJ hearing to contest the government’s claim, Dr. Handron presented extensive evidence, but the government neither appeared nor presented argument or advocacy, either written or in person. The ALJ concluded that the overpayment was actually $5,434.48. Dr. Handron then moved, pursuant to the Equal Access to Justice…