Holden v. Heckler

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

The prevailing plaintiffs in this social security disability class action seek attorneys’ fees, costs and expenses from the Secretary of Health and Human Services (“Secretary”) under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Under the statute, fees must be awarded unless “the position of the United States” —the Secretary’s substantive position and the government’s litigating position—was “substantially justified.” Review of the recently-amended statute, the relevant Sixth Circuit case law and the lengthy history of this action…