Cite as: 509 U. S. 292 (1993)
Stevens, J., concurring in judgment
below and the Courts of Appeals for two other Federal Circuits,5 that
"[w]hen a judicial remand order in Social Security disability cases contemplates additional administrative proceedings that will determine the merits of the claimant's application for benefits, and thus will determine whether the claimant is a prevailing party, the district court retains discretion to enter a final judgment for EAJA purposes after the proceedings on remand have been completed." Hafner v. Sullivan, 972 F. 2d 249, 252 (CA8 1992).
Thus, while I agree with the Court's judgment in this case, I respectfully disagree with its decision to overrule Sullivan v. Hudson.
311
5 See n. 1, supra.
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