Legal Opinion

Shafer v. Astrue

Court of Appeals for the Ninth Circuit

Decided March 10, 2008No. 05-16507PublishedCited by 39 opinions

1Opinion of the Court

BEA, Circuit Judge:

Patricia D. Shafer (“Shafer”) appeals the district court’s order denying her motion for attorneys’ fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in a social security disability action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We hold the district court abused its discretion in denying Shafer’s motion because the government’s defense of the procedural errors in the administrative law judge’s opinion was not substantially justified. Accordingly, we reverse the district court’s order and remand for a determination of the amount of attorneys’…

2Cases cited5 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Lester v. ChaterCourt of Appeals for the Ninth Circuit · 1995
  3. Reddick v. ChaterCourt of Appeals for the Ninth Circuit · 1998
  4. Corbin v. ApfelCourt of Appeals for the Ninth Circuit · 1998
  5. Shafer v. BarnhartCourt of Appeals for the Ninth Circuit · 2005

3Cited by39 opinions

  1. Jeffrey Meier v. Carolyn W. ColvinCourt of Appeals for the Ninth Circuit · 2013
  2. United States v. BanksCourt of Appeals for the Ninth Circuit · 2009
  3. Ibrahim v. U.S. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2016
  4. Catholic Social Services, Inc. v. NapolitanoDistrict Court, E.D. California · 2011
  5. Jager v. AstrueCourt of Appeals for the Ninth Circuit · 2008

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