Ruby May HADDEN, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant

BALDOCK, Circuit Judge.

The district court awarded plaintiff-ap-pellee Ruby May Hadden (claimant) approximately $1,700 in attorney’s fees pursuant to the Equal Access to Justice Act (EAJA) 1 after she successfully litigated her entitlement to social security disability benefits, 657 F.Supp. 679. The sole issue on appeal is whether the trial court used the correct legal standard in evaluating whether the government’s position in the underlying litigation was “substantially justified” within the meaning of the EAJA. The district court held that if the underlying position of the government is not…