Estella G. Gonzales v. Donna E. Shalala, Secretary of Health and Human Services

Good Law
988 F.2d 119·1993 WL 68935·1993 U.S. App. LEXIS 10640
United States Court of Appeals for the Ninth CircuitMarch 11, 199391-55716California1,291 words

Opinion

Opinion

988 F.2d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Estella G. GONZALES, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, * Defendant-Appellee. No. 91-55716. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1993. Decided March 11, 1993. Appeal from the United States District Court for the Central District of California; No. CV-87-3246-HLH, Harry L. Hupp, District Judge, Presiding. C.D.Cal. REVERSED AND REMANDED. Before HUG, FERGUSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Estella Gonzales challenges an order of the district court denying her application for attorney's fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d). Gonzales contends that the district court abused its discretion in denying EAJA fees because the Secretary's opposition to her social security benefits claim was not "substantially justified." Gonzales received a favorable determination…

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