Sims v. Apfel

Before the Court is Appellant’s Petition for Attorney Fees Under the Equal Access to Justice Act (“Petition”). Appellant seeks attorney fees of $233,131.87 and costs of $2,367.76 as an interim award for prevailing before the Supreme Court. Because we hold that Appellant is not a prevailing party and that Appellee’s position was substantially justified, the Petition is DENIED. We need not and do not address the reasonableness of the amount sought in the Petition.

I

Appellant initially brought this action before the district court challenging Appel-lee’s denial of disability insurance benefits.…