McCoach v. Bowen

OPINION

GERRY, Chief Judge:

This is an application for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). The unique factual circumstances underlying this application present an interesting question of statutory interpretation: Whether a party that secures an entitlement commencing at a date later than it originally requested might be considered a “prevailing party” within the meaning of the EAJA. In addition, this motion engages the court in a task that is all too familiar in this Circuit — that of determining whether agency action which was found not to be…