Atkins

The issue before this court in these consolidated appeals is whether the Supreme Court’s decision in Commissioner, INS v. Jean, 496 U.S. 154 , 110 S.Ct. 2316 , 110 L.Ed.2d 134 (1990), limited the application of the “results obtained” analysis of Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), in cases involving the Equal Access to Justice Act (EAJA). The Commissioner claims that the district court abused its discretion when it awarded Plaintiff approximately $10,000 in attorney’s fees for an unsuccessful appeal without regard to the results obtained on that appeal. We conclude that a district court must consider the results obtained, as required by Hensley , when determining whether EAJA fees requested by a prevailing party for an unsuccessful appeal are reasonable.

*987 BACKGROUND

Plaintiff Harold Atkins (Plaintiff) applied for disability insurance benefits under Title II of the Social Security Act. The Social Security Administration (Commissioner) concluded that he was ineligible for benefits, and Plaintiff sought judicial review of the agency’s decision in the district court. The district court concluded that the administrative law judge had erred…