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BOYCE v. SULLIVAN

No. 88 C 2548.

754 F.Supp. 126 (1990)

Eva BOYCE, Plaintiff, v. Louis SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

December 20, 1990.

Attorney(s) appearing for the Case

Christine M. Naper, Legal Asst. Foundation of Chicago, Chicago, Ill., for plaintiff.

Margaret Gordon, Asst. U.S. Atty., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Plaintiff Eva Boyce has applied for an award of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. Section 2412 ("EAJA"). Ms. Boyce contends that she is entitled to fees because the position of defendant Health and Human Services Secretary Dr. Louis Sullivan ("the Secretary") in defending the decision of the administrative law judge ("ALJ") was not "substantially justified."

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