Matlock

Matlock v. Barnhart

Good Law
131 F. App'x 597
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-55968California730 words

Opinion

Lead Opinion

MEMORANDUM ***

Following our prior remand of this case, see Matlock v. Barnhart, 90 Fed.Appx. 208 (9th Cir.2004), Paul Matlock filed a Motion for an Award of Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d), requesting fees incurred in seeking judicial review of the Social Security Administration’s denial of his application for Supplemental Security Income (“SSI”). The district court denied Matlock’s motion. ‘We review a district court’s denial of attorneys’ fees under the [EAJA] for an abuse of discretion.” Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002). We affirm.

Under the EAJA, “a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action ... including proceedings for judicial review of agency action, brought by or against the United States.” 28 U.S.C. § 2412 (d)(1)(A). 1 An applicant for Social Security benefits earns prevailing party status “upon procuring a sentence-four remand for further administrative proceedings [under 42 U.S.C. § 405 (g)], regardless of whether he later succeeds in obtaining the requested benefits.” Flores v. Shalala, 49 F.3d…

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