Helen Colem an v. R. Jam Es Nicholson

On Appellant’s Application for Attorney Fees and Expenses

DAVIS, Judge:

This case is before the Court on the appellant’s November 9, 2006, application filed through counsel for reasonable fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). In his response to the appellant’s EAJA application, the Secretary challenges the appellant’s contention that his administrative and litigation positions were not substantially justified. Panel consideration is required to determine whether the Secretary was substantially justified, prior to the issuance of Mayfield v.…