[DOWNLOAD] "Bergene v. Salt River Project Agricultural Improvement and Power District" by Ninth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free

eBook details

Title: Bergene v. Salt River Project Agricultural Improvement and Power District
Author : Ninth Circuit U.S. Court of Appeals
Release Date : January 03, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 83 KB

Description

Rosario Gutierrez appeals the district courts denial of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Â§ 2412(d), after she prevailed in her appeal in this court reversing the Social Security Administrations (SSA) denial of disability benefits. See Gutierrez v. Apfel, 199 F.3d 1048 (2000) (Gutierrez I). We hold that the district court abused its discretion in denying fees because (1) the governments underlying conduct, failing to follow its own regulations, was not substantially justified, and (2) the governments litigation position was not substantially justified even though the effect of noncompliance with the SSAs regulations was an issue of first impression in this Circuit.