Legal Opinion
Kimberly Gardner v. Nancy Berryhill
Court of Appeals for the Ninth Circuit
Decided May 9, 2017No. 14-35164PublishedCited by 72 opinions
1Opinion of the Court
OPINION
NGUYEN, Circuit Judge:
Kimberley Gardner appeals the district court’s denial of her application for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). Wé reverse and remand.
After losing her claim for social security disability benefits before the Administrative Law Judge (“ALJ”), Gardner presented new evidence—a. final report by her treating doctor, Dr. Rory Richardson—to the Appeals Council. In light of this new evidence in the administrative record before the Appeals Council, the district court remanded for further consideration. The…
2Cases cited18 opinions
- Karen Garrison v. Carolyn W. ColvinCourt of Appeals for the Ninth Circuit · 2014
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Shalala v. SchaeferSupreme Court of the United States · 1993
- Orn v. AstrueCourt of Appeals for the Ninth Circuit · 2007
- Jana M. Bayliss v. Jo Anne B. Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2005
13 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- James Wischmann v. Kilolo KijakaziCourt of Appeals for the Ninth Circuit · 2023
- Kim Decker v. Nancy BerryhillCourt of Appeals for the Ninth Circuit · 2017
- Michael Cramer v. Nancy BerryhillCourt of Appeals for the Ninth Circuit · 2017
- Kathleen Burke v. Nancy BerryhillCourt of Appeals for the Ninth Circuit · 2018
- (SS) (CONSENT) Frits v. Commissioner of Social SecurityDistrict Court, E.D. California · 2021
67 more not listed; retrieve them via the Exa API.