Betty L. Varney v. Donna E. Shalala, Secretary, Hhs

995 F.2d 235 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Betty L. VARNEY, Plaintiff-Appellant, v. Donna E. SHALALA, ** Secretary, HHS, Defendant-Appellee. No. 92-56215. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 27, 1993. Before: HUG, WIGGINS and THOMPSON, Circuit Judges. MEMORANDUM *** Betty L. Varney appeals the district court's denial of her motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (d)(1)(A) (EAJA). We have jurisdiction under 28 U.S.C. § 1291 and affirm. 1 We review for abuse of discretion the district court's finding that the government's position was substantially justified within the meaning of the EAJA. Pirus v. Bowen, 869 F.2d 536, 539 (9th Cir.1989). 2 The EAJA authorizes the award of reasonable attorney fees to a party who prevails against the government, provided that the government's position was not "substantially justified." 28 U.S.C. § 2412 (d)(1)(A).…