Arthur Sanchez v. Carolyn W. Colvin

MEMORANDUM

This Court reviews the district court’s denial of Appellant Arthur Sanchez’s claim for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 , for an abuse of discretion. Corbin v. Apfel, 149 F.3d 1051, 1052 (9th Cir.1998). The EAJA provides for an award of reasonable attorney’s fees:

28 U.S.C. § 2412 (d)(1)(A).

Thus, to analyze when fees are available under the EAJA, the Court must determine whether the “position of the United States was substantially justified.” Id. The “position of the United States” means both “the position taken by the United States in the civil action,” and “the action or failure to act by the agency upon which the civil action is based.” Meier v. Colvin, 727 F.3d 867, 870 (9th Cir.2013) (citing 28 U.S.C. § 2412 (d)(2)(D)) (internal quotation marks omitted). As this Court has previously held, the ALJ’s decision is, in the social security context, “the action or failure to act by the agency upon which the civil action is based.” Id. (internal citation and quotation marks omitted).

“Substantially justified” has been held by this Court to mean “justified to a degree that could satisfy a reasonable person,” which…