Sampson

Sampson v. Chater

Good Law
103 F.3d 918·96 Daily Journal DAR 15511·1996 WL 734771·1996 U.S. App. LEXIS 33538·96 Cal. Daily Op. Serv. 9435
United States Court of Appeals for the Ninth CircuitDecember 26, 1996No. 95-55702California2,151 words

Opinion

Lead Opinion

Fletcher, J.

Appellant Michael Sampson applied for and was denied social security disability benefits by the Appellee Commissioner of Social Security. 1 Sampson petitioned the district court for judicial review of the denial of benefits. The district court reversed the denial of benefits and remanded to the Social Security Administration for further proceedings, but denied Sampson’s request for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d)(1)(A).

Sampson appeals from the district court’s denial of attorney’s fees. We reverse and remand for determination of the proper amount of fees.

FACTUAL BACKGROUND

Sampson is 48 years old and has completed the twelfth grade. ■ He has worked as a truck driver, construction laborer, and cement finisher. In December 1976, when Sampson was 28 years old, he became ill and was unable to see. Dr. Wiederholt at the UC San Diego Medical Center diagnosed multiple sclerosis with optic neuritis (impaired vision) as an accompanying symptom. Sampson stopped working in February of 1977 due to his illness. The Veterans Administration (“VA”) has rated Sampson as permanently and totally disabled since February 1,1977.

In January 1977,…

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