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REEVES v. ASTRUE

No. 07-11404.

526 F.3d 732 (2008)

Maxie D. REEVES, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 5, 2008.

Attorney(s) appearing for the Case

John Francis Cameron, Jr., Montgomery, AL, for Reeves.

Michael E. Robinson, William Kanter, U.S. Dept. of Justice, Civ. App. Div., Washington, DC, James J. Dubois, Asst. U.S. Atty., Montgomery, AL, for Astrue.

Before BLACK, CARNES and COX, Circuit Judges.

BLACK, Circuit Judge:

The question presented in this case is whether an award of attorney's fees granted under 28 U.S.C. § 2412(d)(1)(A) belongs to the party or to the party's attorney. We conclude the statute unambiguously grants an award to the "prevailing party." Accordingly, we hold the award belongs, in the first instance, to the party and not the party's attorney. We therefore affirm the district court's conclusion that the award in the instant case belonged...

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