United States Ninth Circuit

Denial of plaintiff's motion for attorney's fees under the Equal Access to Justice Act (EAJA) in a social security disability action is reversed where the district court abused its discretion, as the government's defense of procedural errors in an ALJ's opinion was not substantially justified.

Appellate Information

• Decided 03/10/2008
• Published 03/10/2008

Judges

• BEA, Circuit Judge:, Before: HARRY PREGERSON, EUGENE E. SILER, JR., and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark Caldwell, Caldwell & Ober, P.L.L.C., Phoenix, AZ, for plaintiff-appellant.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General;  Paul K. Charlton, United States Attorney;  Lucille Gonzales Meis, Regional Chief Counsel, Region IX;  Theophous H. Reagans, Assistant Regional Counsel, Social Security Administration, for defendant-appellee.