Does the substantial justification standard apply to a decision by an administrative law judge?

"[T]he government's failure to prevail [in the civil action] does not raise a presumption that its position was not substantially justified." Kali v. Bowen, 854 F.2d 329, 332 (9th Cir. 1988) (citation omitted). Nonetheless, "[g]iven the significant similarity between" the substantial evidence standard employed when reviewing a decision of an administrative law judge ("ALJ") "and the substantial justification standard, . . . a 'holding that the agency's decision . . . was

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