HARDISTY v. ASTRUE

No. 08-35919.

592 F.3d 1072 (2010)

Tom HARDISTY, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2010.


Attorney(s) appearing for the Case

Ralph Wilborn, Wilborn Law Office, P.C., Oregon City, OR, argued the cause for the plaintiff-appellant. Tim Wilborn filed the briefs.

Kathryn A. Miller, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Seattle, WA, argued the cause for the defendant-appellee and filed the brief. Karin J. Immergut, United States Attorney, Britannia I. Hobbs, Assistant United States Attorney, and David Morado, Regional Chief Counsel, Social Security Administration, were on the brief.

Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and RONALD M. WHYTE, District Judge.


O'SCANNLAIN, Circuit Judge:

We consider whether a plaintiff may be awarded attorneys' fees against the United States under the Equal Access to Justice Act with respect to issues not reached by a district court in reversing a federal agency's decision.

I

A

Tom Hardisty filed a claim for supplemental security income in 2003, alleging disability from early 2001 based on several serious degenerative disk diseases, attention deficit hyperactivity...

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