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LEWIS v. BARNHART

No. 99-35922.

281 F.3d 1081 (2002)

Joyce LEWIS, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2002.

Attorney(s) appearing for the Case

Elie Halpern, Elie Halpern and Associates, Olympia, WA, and Ralph Wilborn, Ralph Wilborn & Etta L. Wilborn, P.C., Tucson, AZ, for the plaintiff-appellant.

Vikash Chhagan, Assist. Reg. Counsel, Social Security Administration, Seattle, WA, and Brian C. Kipnis, Seattle, WA, for the defendant-appellee.

Before: BROWNING, WALLACE, and T.G. NELSON, Circuit Judges.

Opinion by Judge WALLACE; Dissent by Judge JAMES R. BROWNING.

WALLACE, Circuit Judge.

Lewis appeals from the district court's judgment in this Social Security disability action denying her motion for attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(Act). The district court had jurisdiction pursuant to 42 U.S.C. § 405(g) to review the merits of the underlying case and had jurisdiction under 28 U.S.C. § 2412 to decide the...

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