Shepard v. Sullivan
Court of Appeals for the Seventh Circuit
1Opinion of the Court
MANION, Circuit Judge.
Plaintiff Harold Shepard appeals the district court’s denial of attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). Because Shepard was not a “prevailing party” within the EAJA’s meaning, we affirm.
I. FACTS
Harold Shepard filed concurrent applications for disability insurance benefits and supplemental security income on December 23, 1982 with the Department of Health and Human Services. He alleged disability due to a breathing impairment and partial removal of his colon. At a subsequent administrative hearing, Shepard testified that he…
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