Troyer v. Heckler

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

On March 20, 1985, the Court entered certain findings, and as a consequence thereof ordered the Secretary to commence payment of benefits owing since April 1981.

Now the plaintiff seeks attorney fees pursuant to 28 U.S.C. § 2412(d). Essentially, she urges that since certain decisions of the Appeals Council were not substantially justified, her attorney fees necessarily incurred to correct the wrong are in order. For reasons stated below, the Court concurs.

In the interest of clarity, the Court’s findings bear repeating here:

1. On September…