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HALLEX I-4-143
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: New Court Cases
Chapter: I-4-100

June 30, 1994

Current through June 1997

I-4-143 EQUAL ACCESS TO JUSTICE ACT

The Equal Access to Justice Act (EAJA) provides that under certain circumstances the Department may be liable for fees and other related expenses to attorneys who prevail in court and the court finds that the Secretary's position in the administrative proceeding was not substantially justified.

When the division receives notice of an EAJA action, the division clerk will secure the files and the hearing transcript and give them directly to a court records technician with a note indicating "EAJA Case." The technician assembles the certified administrative record (CAR) under the same procedures. Unlike most other cases, the Social Security Division of OGC in Baltimore, rather than the Answer Section, handles all EAJA actions.

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