GUTIERREZ v. BARNHART

No. 00-17216.

274 F.3d 1255 (2001)

Rosario GUTIERREZ, Plaintiff-Appellant, v. Jo Anne BARNHART, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2001.


Attorney(s) appearing for the Case

Harvey P. Sackett, San Jose, California, and Geri N. Kahn, San Francisco, California, for the plaintiff-appellant.

R. Linda Cosme and Jeffrey H. Baird, Assistant Regional Counsel, Social Security Administration, San Francisco, California, for the defendant-appellee.

Before: Henry A. Politz, William A. Fletcher and Raymond C. Fisher, Circuit Judges.


FISHER, Circuit Judge:

Rosario Gutierrez appeals the district court's denial of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), after she prevailed in her appeal in this court reversing the Social Security Administration's (SSA) denial of disability benefits. See Gutierrez v. Apfel, 199 F.3d 1048 (2000) (Gutierrez I). We hold that the district court abused its discretion in denying...

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