ENTITLEMENT TO EAJA FEES

Dover v. McDonald, 818 F.3d 1316 (Fed. Cir. Apr. 7, 2016)

HELD: Where a remanding court does not retain jurisdiction over a case and the remand order contemplates and/or precipitates additional agency proceedings on the merits – even if the order just leaves open “the possibility of attaining a favorable merits determination through further agency proceedings” – the appellant is a “prevailing party” for purposes of being entitled to EAJA fees.

FULL DECISION