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

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.C. §§ 401-433 (1988) and 42 U.S.C.A. §§ 1381-1383 (West Supp.1991). Koss alleged that she was entitled to disability benefits because pain…