Gloria T. ALBRECHT, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary, Health and Human Services, Defendant-Appellee

Albrecht secured the reversal of a denial of her social security disability insurance benefits. However, she appeals from the district court’s denial of attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (Act). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The Act provides that attorneys’ fees are available to a prevailing party in a civil action against the United States unless “the position of the United States was substantially justified.” 28 U.S.C. § 2412 (d)(1)(A). To determine whether the Secretary’s position was substantially justified, we apply a reasonableness standard— whether the Secretary’s position was reasonable in both law and fact. Foster v. Tourtellotte, 704 F.2d 1109, 1112 (9th Cir.1983) (per curiam). We review the district court’s determination on this issue for an abuse of discretion. See, e.g., Rawlings v. Heckler, 725 F.2d 1192, 1194 (9th Cir.1984); Hoang Ha v. Schweiker, 707 F.2d 1104, 1105 (9th Cir.1983).

The administrative law judge (AU) rejected the opinions of four treating physicians, three of whom considered Albrecht disabled, while the fourth drew no conclusions about disability. The AU decided to follow the…