Janis C. Garner v. Donna E. Shalala, Secretary of Hhs

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Janis C. GARNER, Plaintiff-Appellant, v. Donna E. SHALALA, ** Secretary of HHS, Defendant-Appellee. No. 93-15090. United States Court of Appeals, Ninth Circuit. Submitted June 17, 1994. * Decided June 22, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Janis C. Garner appeals the district court's order denying her motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. Sec. 2412 (d)(1)(A), following her successful suit against the Secretary of Health and Human Services challenging the Secretary's denial of Garner's applications for Title II disability insurance benefits and Title XVI supplemental security income benefits. Garner argues that the district court abused its discretion in denying her motion because the Secretary's position was not substantially justified. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 * The Secretary originally argued…