United States Ninth Circuit

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Gardner v. Berryhill, 14-35164

The district court's denial of plaintiff's application for attorney's fees pursuant to the Equal Access to Justice Act (EAJA) on grounds that the Commissioner of Social Security's litigation position was not substantially justified, is reversed where the issue before the district court on the original merits appeal of the ALJ's denial of benefits was not whether there was other evidence that could support a denial of benefits to plaintiff, or whether the Commissioner's denial of benefits might ultimately be sustained, but rather whether the actual decision that was made by the ALJ could be affirmed at that time by the district court in light on the new evidence in the record.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/09




  • United States Ninth Circuit


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