Younan

MEMORANDUM **

Rosa Younan appeals the district court’s decision to deny her attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d). We reverse. Because the parties are familiar with the history of this case, we will not recount it here.

Pursuant to the EAJA, “a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action ... including proceedings for judicial review of agency action, brought by or against the United States.” 28 U.S.C. § 2412 (d)(1)(A). The government concedes that Younan became the prevailing party when we reversed the district court’s decision in Younan v. Comm., Social Sec. Admin., 56 Fed.Appx. 792 (9th Cir.2003). See Shalala v. Schaefer, 509 U.S. 292, 30-01 , 113 S.Ct. 2625 , 125 L.Ed.2d 239 (1993) (holding that a claimant becomes a prevailing party upon procuring a sentence-four remand).

Thus, the only question before us is whether the government’s position was substantially justified. In this case, it is now agreed that the ALJ should have developed the factual record to determine whether “Younan received or should have received any Title II benefits…