United States Second Circuit

District Court's denial of plaintiff's attorney's fees under the Equal Access to Justice Act following agency award of disability benefits is reversed and remanded with instructions to award the fees. The defendant failed to prove the opposition to the benefits was substantially justified and had a reasonable basis in law and fact, and therefore the denial of fees was outside the district court's discretion.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• REENA RAGGI, Circuit Judge:, Before:  KEARSE, RAGGI, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles A. Pirro, III, South Norwalk, CT, for Plaintiff-Appellant.


• For Appellees:
  
• Ann M. Nevins, Assistant United States Attorney (Karen L. Peck, Assistant United States Attorney, on the brief), for Nora R. Dannehy, United States Attorney for the District of Connecticut, Bridgeport, CT, for Defendant-Appellee.