United States Sixth Circuit

A district court retains jurisdiction when remanding a social security claimant's case pursuant to sentence six of 42 U.S.C. section 405(g). An order of denying plaintiff's motion for attorney's fees brought pursuant to the Equal Access to Justice Act (EAJA) in a Social Security benefits case is reversed where the district court abused its discretion in ruling that he was not the "prevailing party" for EAJA purposes.

Appellate Information

• Decided 04/18/2006
• Published 04/18/2006

Judges

• GRIFFIN, Circuit Judge., Before:  GIBBONS, GRIFFIN, and BRIGHT, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Wolodymyr Cybriwsky, Law Offices of Wolodymyr Cybriwsky, Prestonsburg, Kentucky, for Appellant.  Nancy R. Bartlett, Social Security Administration, Office of General Counsel, Atlanta, Georgia, for Appellee.   ON BRIEF:  Wolodymyr Cybriwsky, Law Offices of Wolodymyr Cybriwsky, Prestonsburg, Kentucky, for Appellant.  Nancy R. Bartlett, Elyse Sharfman, Dennis R. Williams, Mary Ann Sloan, Nancy Weiss, Social Security Administration, Office of General Counsel, Atlanta, Georgia, for Appellee.