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HACKETT v. BARNHART

No. 06-1066.

469 F.3d 937 (2006)

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

United States Court of Appeals, Tenth Circuit.

November 21, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Ann J. Atkinson, Aurora, Colorado, for Plaintiff-Appellant.

William J. Leone, United States Attorney, Kurt J. Bohn, Assistant United States Attorney, Michele M. Kelley, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Region VIII, Denver, Colorado, for Defendant-Appellee.

Before BARRETT, BRORBY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff Elizabeth Hackett is appealing the order entered by the district court denying her application for an award of reasonable attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand for further proceedings.

A. Introduction.

In this social security case, plaintiff obtained a district court remand to the Commissioner...

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