Orn
Orn v. Astrue
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEO ORN, No. 05-16181 Plaintiff-Appellant, D.C. No. v. CV-F-04-05761-
MICHAEL J. ASTRUE,* DLB
Commissioner of Social Security, Eastern District of Defendant-Appellee. California, Fresno
ORDER
Filed January 9, 2008
Before: Mary M. Schroeder, Stephen S. Trott and William A. Fletcher, Circuit Judges.
ORDER
On July 16, 2007, we issued an opinion reversing the Com- missioner of Social Security’s decision to deny Leo Orn social security disability benefits and remanded to the district court with instructions to remand to the Commissioner for calculation of benefits. Orn v. Astrue, 495 F.3d 625, 640 (9th Cir. 2007). Orn filed a timely application in this court under the Equal Access to Justice Act (“EAJA” or “the Act”) for attorney’s fees and costs incurred in pursuing his appeal. The Commissioner opposed Orn’s application, contending that this court does not have authority under the Act to award attorney’s fees and costs. We disagree with the Commis-…