Legal Opinion

Burgess v. Commissioner Social Security Administration

District Court, D. Oregon

Decided August 29, 2023No. 3:20-cv-01158Unknown

1Opinion

UNITED STATES DISTRICT COURT DISTRICT OF OREGON JAMES A. B., Ca se No. 3:20-cv-01158-AR Plaintiff, ORDER DENYING EAJA FEES v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. _____________________________________ ARMISTEAD, Magistrate Judge Pending before the court is plaintiff James A. B.’s (last name omitted for privacy) application for attorney fees in the amount of $6,526.10 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Commissioner opposes an award of fees, contending that its position was substantially justified.1 As explained below, the court agrees with…

2Cases cited13 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  3. Michelle Ford v. Andrew SaulCourt of Appeals for the Ninth Circuit · 2020
  4. Gavin Buck v. Nancy BerryhillCourt of Appeals for the Ninth Circuit · 2017
  5. Shaibi v. BerryhillCourt of Appeals for the Ninth Circuit · 2017

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