Legal Opinion
Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security Administration
Court of Appeals for the Ninth Circuit
Decided December 20, 2001No. 00-17216PublishedCited by 187 opinions
1Opinion of the Court
FISHER, Circuit Judge:
Rosario Gutierrez appeals the district court’s denial of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), after she prevailed in her appeal in this court reversing the Social Security Administration’s (SSA) denial of disability benefits. See Gutierrez v. Apfel, 199 F.3d 1048 (2000) (Gutierrez I). We hold that the district court abused its discretion in denying fees because (1) the government’s underlying conduct, failing to follow its own regulations, was not substantially justified, and (2) the government’s litigation position was not…
2Cases cited20 opinions
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3Cited by187 opinions
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