United States Ninth Circuit

In a plaintiff's application for attorney fees under the Equal Access to Justice Act (EAJA), in an underlying suit in which plaintiff successfully challenged the Commissioner of Social Security's denial of her application for disability benefits, the district court's denial of the application based on the determination that the Commissioner's litigation position was substantially justified, is affirmed where the district court's determination was not an abuse of discretion because the Commissioner's opposition to remand of the claim on the merits was reasonable, even though it turned out to be unsuccessful.

Appellate Information

• Published 2017/05/09

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel