Burger v. Astrue

SUMMARY ORDER

Plaintiff appeals from the Decision and Order of the United States District Court for the Northern District of New York (Victor E. Bianchini, Magistrate Judge), dated January 15, 2009, denying plaintiffs motion for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).

We assume the parties’ familiarity with the underlying facts and procedural history of the case, as well as with the issues on appeal. Plaintiff commenced this action on May 12, 2005, appealing the determination by an Administrative Law Judge (“ALJ”) that she was not disabled from…