Meier v. Colvin, No. 11-35736 (9th Cir. 2013)
Annotate this CaseAfter the court reversed and remanded for an award of social security disability benefits to plaintiff, plaintiff moved for an award of attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). The court concluded that the district court abused its discretion in denying the fees where the government's underlying action was not substantially justified in this case. Accordingly, the court reversed the district court's denial of plaintiff's motion and remanded for an award of fees and costs.
Court Description: Equal Access to Justice Act / Attorneys’ Fees. The panel reversed the district court’s order denying a plaintiff’s motion for attorneys’ fees and costs under the Equal Access to Justice Act, and it remanded for an award of fees and costs. The panel held that the position of the United States was not substantially justified in this case concerning the plaintiff’s application for social security disability benefits. The panel stated that the “position of the United States” includes both the government’s litigation position and the underlying agency action giving rise to the civil action. The panel held that in the social security context, the court treats the decision of the administrative law judge as the underlying agency action.
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