June 10, 2014 4th Circuit published opinion

Meyer v Colvin

Meyer sought attorney fees under 28 USC 2412(d)(1(A) after obtaining a remand remedy from the 4th Circuit in his social security appeal. The district court denied his motion. The panel affirmed. It held that the government position was substantially justified because the government prevailed on one of two issues on appeal and the issue it lost was a close question given the lesser weight granted the material submitted by Meyer and the significant evidence that he improved after surgery.

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