United States Tenth Circuit

Equal Access to Justice Act (EAJA) fees generally should be awarded where the government's underlying action was unreasonable, even if the government advanced a reasonable litigation position. In a social security case, denial of an application for an award of reasonable attorney fees under the EAJA is reversed and remanded for grant of the EAJA application upon determination of the reasonableness of the attorney fees and a cost of living adjustment.

Appellate Information

• Decided 11/21/2006
• Published 11/22/2006

Judges

• EBEL, Circuit Judge., Before BARRETT, BRORBY, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Ann J. Atkinson, Aurora, Colorado, for Plaintiff-Appellant.


• For Appellees:
  
• William J. Leone, United States Attorney, Kurt J. Bohn, Assistant United States Attorney, Michele M. Kelley, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Region VIII, Denver, Colorado, for Defendant-Appellee.