Jean M. Ringle v. Shirley S. Chater, Commissioner of Social Security

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jean M. RINGLE, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, ** Defendant-Appellee. No. 94-35722. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1995. * Decided Nov. 24, 1995. Before: BOOCHEVER, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 We review a district court's denial of attorney's fees under the Equal Access to Justice Act for abuse of discretion. Williams v. Bowen, 966 F.2d 1259, 1260-61 (9th Cir.1991); Yang v. Shalala, 22 F.3d 213, 217 (9th Cir.1994). Under the Equal Access to Justice Act, 28 U.S.C. Sec. 2412 (d), Ms. Ringle, having prevailed, is entitled to attorney's fees "unless the court finds that the position of the United States was substantially justified." 28 U.S.C. Sec. 2412 (d)(1)(A). The magistrate judge concluded that, even though we had held that the Secretary's denial of benefits was not sustainable, nevertheless the…