Alice JABAAY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee

Plaintiff-appellant, Alice Jabaay, appeals the denial of her application for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. EAJA permits an award of attorney’s fees incurred by the “prevailing party ... in any civil action ... brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified....” 28 U.S.C. § 2412(d)(1)(A). The district court found that Jabaay was not a “prevailing party” and that the government’s position was “substantially…