In an action for Social Security disability benefits, the government prevailed at the administrative and trial court levels, but the claimant prevailed before the Ninth Circuit. The claimant then requested attorney fees and costs from the district court, but the court denied them after finding the government’s position was substantially justified in that it prevailed in the lower courts. Again the Ninth Circuit reversed, stating the district court erred by considering the result at the administrative level as the administrative law judge’s decision was not supported by substantial evidence. The appellate court remanded the matter to the trial court for an award of fees and costs. Meier v. Carolyn W. Colvin, Commissioner of Social Security (Ninth Cir.; July 23, 2013) (Case No. 11-35736).
Leave a Reply
You must be logged in to post a comment.