United States Third Circuit

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Handron v. Sec'y Department of Health and Human Services, 10-1021

In a case in which a psychologist had been largely successful in defending a claim that he had overbilled Medicare and then filed an EAJA application for his attorney's fees, summary judgment disallowing the fees is affirmed, where the government's position at the administrative claim hearing was not represented and thus the hearing was not an adversary proceeding for purposes of the EAJA, as: 1) a human presence at the agency hearing is not necessary for the government's position to be represented, and a writing can represent the government's position and therefore bring a proceeding under the ambit of the EAJA; but 2) none of the written materials attributable to the government rendered the hearing an adversary adjudication.

Appellate Information

  • Decided 04/20/2012
  • Published 04/20/2012

Judges

  • Rendell

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Rachel H. Park, David M. Laigaie

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