Henry F. FULTON, Jr., Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

SEYMOUR, Circuit Judge.

In Fulton v. Heckler, 760 F.2d 1052 (10th Cir.1985), we reversed the magistrate’s affirmance of an administrative decision to deny Fulton social security disability benefits, and we remanded the case to the Secretary for prompt payment. Fulton has moved this court for an award of costs and attorneys fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982) (as amended by Act of August 5, 1985, Pub.L. No. 99-80, § 2, 99 Stat. 183, 184).

Under the Act, “a court shall award to a prevailing party other than the United States fees and other expenses, in addition to…