GOAD v. BARNHART

No. 04-1363.

398 F.3d 1021 (2005)

Charles E. GOAD, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 17, 2005.


Attorney(s) appearing for the Case

Edward C. Olson, argued, Minneapolis, MN, for appellant.

Cynthia A. Brandel, argued, Asst. Regional Counsel, Social Security Admin., Chicago, IL, for appellee.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Plaintiff-Appellant Charles E. Goad appeals the district court's denial of fees and costs under the Equal Access to Justice Act, codified in part at 28 U.S.C. § 2412(d) ("EAJA"). We vacate and remand to the district court for consideration of whether the Commissioner's position regarding the initial denial of benefits was substantially justified.

I.

Mr. Goad filed a claim for social security disability benefits on March...

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