Charles E. Goad v. Jo Anne B. Barnhart, Commissioner of Social Security

MELLOY, Circuit Judge.

Plaintiff-Appellant Charles E. Goad appeals the district court’s denial of fees and costs under the Equal Access to Justice Act, codified in part at 28 U.S.C. § 2412(d) (“EAJA”). We vacate and remand to the district court for consideration of whether the Commissioner’s position regarding the initial denial of benefits was substantially justified.

I

Mr. Goad filed a claim for social security disability benefits on March 27, 1996, alleging disability prospectively as of March 29, 1996. Mr. Goad’s alleged disability related to various cardiovascular ailments including…