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PIERCE v. BARNHART

Nos. 05-50003, 05-50242.

440 F.3d 657 (2006)

Michael PIERCE, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee. Dennis E. King, Plaintiff-Appellant, v. Jo Anne B. Barnhart, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 14, 2006.

Attorney(s) appearing for the Case

Mary Ellen Felps, Austin, TX, for Plaintiffs-Appellants in both cases.

Clayton R. Diedrichs, San Antonio, TX, for Barnhart in No. 05-50003.

Gregory E. White, SSA Office of Gen. Counsel, Dallas, TX, for Barnhart in both cases.

James William Jennings, Jr., Asst. U.S. Atty., San Antonio, TX, for Barnhart in No. 05-50242.

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

KING, Circuit Judge:

In this consolidated appeal, the plaintiffs-appellants appeal the district court's orders denying their applications for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), and under 42 U.S.C. § 406(b). We affirm the district court's orders regarding attorney's fees under the EAJA and reverse and remand the district court's orders concerning the plaintiffs' claims...

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