Can the judgment fund be utilized to pay the prvailing appellants attorney fees if the government's actions were not substantially justified?

Answer 1

Yes, the judgment fund can be utilized to pay the prevailing appellant's attorney fees if it is determined that the government's actions were not substantially justified. Under the Equal Access to Justice Act (EAJA), a prevailing party may be awarded attorney fees when the government's position is found to be unreasonable. This provision aims to ensure that individuals can seek justice without bearing the full financial burden of legal costs when facing unjust government actions.