Jeffrey Meier v. Carolyn W. Colvin
Opinion
Opinion
Fisher, J.
Jeffrey Meier appeals the district court’s order denying his motion for attorney’s fees and costs under the Equal Access to Justice Act. We hold that the position of the United States was not substantially justified. We therefore reverse and remand for an award of fees and costs.
BACKGROUND
Meier applied for social security disability benefits. The administrative law judge (ALJ) denied benefits and the district court affirmed. We reversed and remanded for an award of benefits in an unpublished memorandum disposition, holding that the ALJ (1) failed to offer specific and legitimate reasons, supported by substantial evidence, for rejecting treating physician Dr. Mel Margaris’ opinion that Meier was incapable of working, and (2) failed to offer clear and convincing reasons, supported by substantial evidence, for discounting Meier’s subjective pain testimony. See Meier v. Astrue, 404 Fed.Appx. 150 (9th Cir.2010).
Meier moved for an award of $14,856.55 in attorney’s fees and $805 in costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d). The district court denied the motion, offering only this brief explanation for the denial of fees: