WAIT v. ASTRUE

No. 06-4024.

495 F.Supp.2d 1131 (2007)

Michael C. WAIT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, D. Kansas.

July 5, 2007.


Attorney(s) appearing for the Case

Scott L. Johnson, Tilton & Tilton, Chtd., Topeka, KS, for Plaintiff.

D. Brad Bailey, Office of United States Attorney, Topeka, KS, for Defendant.


ORDER

ROGERS, District Judge.

This case is now before the court upon plaintiffs motion for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).

Legal standards

The EAJA authorizes this court to award fees and other expenses to plaintiff, as the prevailing party, as long as the government's position in this case was not substantially justified and special circumstances do not make an award...

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