PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 20 affirmed the denial of attorney fees and costs in a Medicare overpayment dispute between the U.S. Department of Health and Human Services and a Medicare provider. The appellate court concluded that the trial court properly denied the fees sought under the Equal Access to Justice Act (EAJA) but further concluded that the trial court incorrectly determined that the proceedings were not adversarial as required under the EAJA (John D. Handron v. Secretary Department of Health and Human Services, et al., No. 10-1021, 3rd Cir.; 2012 U.S. App. LEXIS 8015).