Unpublished Dispositionmary A. Tunstall, Plaintiff-appellee, v. Secretary of Health and Human Services, Defendant-appellant, 865 F.2d 261 (6th Cir. 1988)
Annotate this CaseBefore KRUPANSKY and RYAN, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.
ORDER
The Secretary appeals the order of the district court awarding attorney fees to claimant in this Social Security disability action. The sole issue raised on appeal is the standard for determining the "substantial justification" of the government's position under the Equal Access to Justice Act (EAJA), Pub. L. No. 96-48, 94 Stat. 2328, 28 U.S.C. § 2412(d). This standard is applied by the court's to decide whether reasonable attorney fees should be awarded against the government.
The parties now have filed joint motions to vacate the district court's order and to remand this appeal for further proceedings in light of the recent United States Supreme Court decision in Pierce v. Underwood, 108 S. Ct. 2541 (1988).
Upon consideration, we agree with the parties and conclude that the decision in Pierce v. Underwood controls all issues presented to this Court in the immediate appeal. The district court's judgment of August 29, 1986 is vacated and this case is remanded for further proceedings in light of the Supreme Court's decision in Pierce v. Underwood.
It is so ORDERED.
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