(Download) "Hadden v. Bowen" by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Hadden v. Bowen
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 20, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The district court awarded plaintiff-appellee Ruby May Hadden (claimant) approximately $1,700 in attorneys fees pursuant to the Equal Access to Justice Act (EAJA) after she successfully litigated her entitlement to social security disability benefits, 657 F. Supp. 679. The sole issue on appeal is whether the trial court used the correct legal standard in evaluating whether the governments position in the underlying litigation was "substantially justified" within the meaning of the EAJA. The district court held that if the underlying position of the government is not supported by substantial evidence, its position lacks substantial justification for purposes of the EAJA absent extraordinary circumstances. The government contends that the trial court erred as a matter of law by equating a lack of substantial evidence on the merits with a lack of substantial justification warranting an award of attorneys fees under the EAJA. We agree with the government and reverse.
 "Hadden v. Bowen" by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free){kind=link}