United States Federal Circuit

Denial of a WWII veteran's application for attorney's fees pursuant to the Equal Access to Justice Act (EAJA) in connection with a disability claim is affirmed where, for purposes of being found the prevailing party, a remand of claimant's case to an administrative agency was not because of agency error.

Appellate Information

• Decided 02/05/2007
• Published 02/05/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sandra E. Booth, of Columbus, Ohio, argued for claimant-appellant.


• For Appellees:
  
• Marla T. Conneely, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Donald E. Kinner, Assistant Director.   Of counsel on the brief was Michael J. Timinski, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Martin J. Sendek, Attorney, United States Department of Veterans Affairs, of Washington, DC.