James ANDERSON, Appellant, v. Margaret M. HECKLER, Secretary of Department of Health and Human Services, Appellee

HARRISON L. WINTER, Chief Judge:

After the claimant, James A. Anderson, was successful in the district court in overturning the Secretary’s determination that he was no longer entitled to social security disability benefits, he sought an award of attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. 1 The district court ruled that the position of the Secretary was “substantially justified” and denied the application.

We think otherwise. We reverse the judgment of the district court and remand the case for determination of an appropriate award.

I

In 1973 Anderson was found to be…