United States Third Circuit

In plaintiff's on-going suit seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying his claim for disability benefits, a Magistrate Judge's denial of plaintiff's motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. section 2412, and denial of a motion to alter or amend judgment, is affirmed where: 1) in concluding that the Commissioner was substantially justified, the Magistrate Judge correctly applied the relevant facts to the law and therefore did not commit clear error of judgment in denying plaintiff's motion for attorney's fees; and 2) the Magistrate Judge did not abuse its discretion in denying plaintiff's motion for costs as the Judge considered all the facts and circumstances surrounding plaintiff's claims and declined to award costs after careful deliberation.

Appellate Information

• Argued 09/17/2010
• Decided 10/22/2010
• Published 12/28/2010

Judges

• FISHER

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert Savoy, Lori R. Karimoto