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TOWNSEND v. COMMISSIONER OF SOCIAL SECURITY

No. 03-6440.

415 F.3d 578 (2005)

Stella TOWNSEND, Plaintiff-Appellant, Wolodymyr Cybriwsky; Dodd D. Dixon, Plaintiff's Attorneys-Appellants, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2005.

Attorney(s) appearing for the Case

ARGUED: Wolodymyr Cybriwsky, Law Offices of Wolodymyr Cybriwsky, Prestonsburg, Kentucky, for Appellant. Nancy R. Bartlett, Social Security Administration Office of General Counsel, Atlanta, Georgia, for Appellee. ON BRIEF: Wolodymyr Cybriwsky, Law Offices of Wolodymyr Cybriwsky, Prestonsburg, Kentucky, for Appellant. Brian C. Huberty, Susan Kelm Story, Dennis R. Williams, Mary Ann Sloan, John Samuel Childs, Social Security Administration Office of General Counsel, Atlanta, Georgia, for Appellee.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Stella Townsend ("Townsend") and her attorneys appeal from the district court's denial of her request for reimbursement of her attorney fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), in this social security benefits action. Because we conclude that equitable tolling is applicable to the EAJA, we REVERSE the district court's judgment and REMAND...

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