The Equal Access to Justice Act, or EAJA, provides that “a court shall award to a prevailing party … fees and other expenses … in any civil action … brought by or against the United States … unless the court finds that the position of the United States was substantially justified.” (See 28 U.S.C. § 2412(d).)
It is widely held that the primary use of the EAJA statute has been for private claimants seeking Social Security or veterans’ benefits. Claimants in these areas often do not have the means to afford an attorney and the cases do not lend themselves to a contingency arrangement because of the relatively modest amount at issue. Thus, the EAJA has traditionally been the only way individuals can seek to challenge a wrongful denial of benefits with the assistance of competent legal counsel.
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