Legal Opinion

Hardisty v. Astrue

Court of Appeals for the Ninth Circuit

Decided January 25, 2010No. 08-35919PublishedCited by 58 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We consider whether a plaintiff may be awarded attorneys’ fees against the United States under the Equal Access to Justice Act with respect to issues not reached by a district court in reversing a federal agency’s decision.

I

A

Tom Hardisty filed a claim for supplemental security income in 2003, alleging disability from early 2001 based on several serious degenerative disk diseases, attention deficit hyperactivity disorder, and a mathematics learning disorder. The Social Security Administration (“SSA”) denied his claim initially and on reconsideration. An…

2Cases cited21 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Jana M. Bayliss v. Jo Anne B. Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2005
  5. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001

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3Cited by58 opinions

  1. Jeffrey Meier v. Carolyn W. ColvinCourt of Appeals for the Ninth Circuit · 2013
  2. Weidman v. ColvinDistrict Court, M.D. Pennsylvania · 2015
  3. Daily v. City of Sioux FallsSouth Dakota Supreme Court · 2011
  4. Gatimi v. HolderCourt of Appeals for the Seventh Circuit · 2010
  5. Ibrahim v. U.S. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2016

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