United States Ninth Circuit

In an appeal from the Social Security Commission's denial of supplemental security income benefits to plaintiff, the district court's denial of attorney's fees to plaintiff is affirmed where a plaintiff may not be awarded attorneys' fees against the U.S. under the Equal Access to Justice Act with respect to issues not reached by a district court in reversing a federal agency's decision.

Appellate Information

• Argued 10/09/2009
• Decided 01/25/2010
• Published 01/25/2010

Judges

• Before DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and RONALD M. WHYTE,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ralph Wilborn, Wilborn Law Office, P.C., Oregon City, OR, argued the cause for the plaintiff-appellant. Tim Wilborn filed the briefs.


• For Appellees:
  
• Kathryn A. Miller, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Seattle, WA, argued the cause for the defendant-appellee and filed the brief. Karin J. Immergut, United States Attorney, Britannia I. Hobbs, Assistant United States Attorney, and David Morado, Regional Chief Counsel, Social Security Administration, were on the brief.