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MEYER v. COLVIN

No. 13-1700.

754 F.3d 251 (2014)

Maurice E. MEYER, III, Plaintiff-Appellant, v. Carolyn W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 10, 2014.

Attorney(s) appearing for the Case

ARGUED: Robertson H. Wendt, Jr., Law Offices of Robertson Wendt, North Charleston, South Carolina, for Appellant. Jennifer Randall, Social Security Administration, Denver, Colorado, for Appellee. ON BRIEF: William N. Nettles, United States Attorney, Marshall Prince, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DUNCAN joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Social Security claimant Maurice Meyer appeals the district court's denial of his motion for attorney's fees under the Equal Access to Justice Act ("the Act"). The Act provides that a party who prevails in litigation against the United States is entitled to an award of attorney's fees unless "the position of the United States was substantially justified" or "special circumstances make an award unjust." 28 U.S.C. § 2412(d)(1...

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