Rocky Linge v. Carolyn Colvin

MEMORANDUM

Rocky W. Linge appeals the district court’s order denying his motion for attorneys’ fees under the Equal Access to Justice Act (“EAJA”) in his action for judicial review of the Commissioner of Social Security’s denial of his application for supplemental security income under Title XVI of the Social Security Act. Linge sought attorneys’ fees following the district court’s reversal of the Commissioner’s decision and its remand for further proceedings. We review for an abuse of discretion, and we affirm. See Tobeler v. Colvin, 749 F.3d 830, 832 (9th Cir.2014).

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 were substantially justified. Campbell v. Astrue, 736 F.3d 867, 868 (9th Cir.2013) (order).

Here, the agency decision was substantially justified. See id. The district court reversed the…