Janis N. Thurman v. Donna E. Shalala, Secretary, Department of Health and Human Services

33 F.3d 59 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 N. THURMAN, Plaintiff-Appellant, v. Donna E. SHALALA, * Secretary, Department of Health and Human Services, Defendant-Appellee. No. 92-36686. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1994. Decided Aug. 24, 1994. Before: GOODWIN, SCHROEDER, and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 This is an appeal from the district court's denial of attorney's fees in a Social Security case. We reverse and remand with an instruction to award fees, because the district court had jurisdiction to entertain appellant's fee application, and because the Secretary's original position was not substantially justified. I. FACTS 3 Janis Thurman first applied for disability benefits on July 11, 1988, claiming disability due to morbid obesity, high blood pressure and depression. The Secretary of Health and Human Services denied her application. Thurman appealed this decision in federal district…