Karen Dinora on Behalf of William Whitlow v. Donna E. Shalala

68 F.3d 480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Karen DINORA on Behalf of William WHITLOW, Plaintiff - Appellant, v. Donna E. SHALALA, Defendant - Appellee. No. 94-55835. United States Court of Appeals, Ninth Circuit. Submitted Sept. 11, 1995. * Decided Oct. 19, 1995. 1 Before: Browning and Pregerson, Circuit Judges, and Tanner ** District Judge 2 ORDER *** 3 Karen Dinora, obo William Whitlow appeals the denial by the district court of Equal Access to Justice Act ("EAJA") attorney's fees. The Secretary, although agreeing the district court had jurisdiction to consider the fee application, argues that Dinora is not entitled to fees because the Secretary's position was substantially justified. 4 Based upon our review of the record, we construe the March 4, 1991 order of this court and the March 21, 1991 order of the district court as orders of remand pursuant to 42 U.S.C. Sec.405 (g), sentence six ("[t]he court may, on motion of the Secretary for good cause shown…