Kathleen Burke v. Nancy Berryhill

MEMORANDUM **

Kathleen Burke appeals the district court’s denial of her application for fees pursuant to the Equal Access to Justice Act following our remand of her previous Social Security disability benefits appeal. We review the district court’s order for an abuse of discretion. Decker v. Berryhill, 856 F.3d 659, 663 (9th Cir. 2017). We affirm.

The district court did not improperly reconsider the merits of Burke’s disability claim. It properly focused on the nature and scope of our remand to determine whether both the government’s litigation position and ALJ’s position had a reasonable basis…