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SHUBARGO v. ASTRUE

No. 07-7005.

498 F.3d 1086 (2007)

Ellie E. SHUBARGO, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:**

Richmond J. Brownson, Timothy M. White, Tulsa, OK, for Plaintiff-Appellant.

Sheldon J. Sperling, United States Attorney, Cheryl R. Triplett, Assistant United States Attorney, Tina M. Waddell, Regional Chief Counsel, Mary F. Lin, Special Assistant United States Attorney, Office of the General Counsel, Region VI, Social Security Administration, Dallas, TX, for Defendant-Appellee.

Before HENRY and ANDERSON, Circuit Judges, and BRORBY, Senior Circuit Judge.

BRORBY, Senior Circuit Judge.

Ellie E. Shubargo is appealing the order entered by the district court denying her application for an award of attorney fees under the Equal Access to Justice Act (EAJA). See 28 U.S.C. § 2412(d)(1)(A) (providing for an award of attorney fees "to a prevailing party other than the United States . . . unless the court finds that the position of the United States was substantially justified"). The district court denied Ms. Shubargo...

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