Martin v. Commissioner of Social Security Administration
Opinion
Opinion
ORDER
The memorandum disposition filed on September 5, 2014, is hereby amended. The attached amended memorandum disposition is filed concurrently with this order.
With these amendments, the panel has voted to deny the petition for panel rehearing.
The petition for panel rehearing is DENIED. No future petitions shall be entertained.
AMENDED MEMORANDUM
Jimmie Leon Martin appeals the district court’s order denying his motion for attorneys’ fees under the Equal Access to Justice Act (“EAJA”). We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s order denying a motion for attorneys’ fees under EAJA for an abuse of discretion. Tobeler v. Colvin, 749 F.3d 830, 832 (9th Cir.2014). We reverse and remand.
EAJA provides that in a Social Security case, a court shall award attorneys’ fees to a prevailing party other than the United States “unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. § 2412 (d)(1)(A); Tobeler, 749 F.3d at 832 . The government must demonstrate that both its litigation position and the agency decision on review (that is, the administrative law…