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SHAFER v. ASTRUE

No. 05-16507.

518 F.3d 1067 (2008)

Patricia D. SHAFER, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2008.

Attorney(s) appearing for the Case

Mark Caldwell, Caldwell & Ober, P.L.L.C., Phoenix, AZ, for plaintiff-appellant.

Peter D. Keisler, Assistant Attorney General; Paul K. Charlton, United States Attorney; Lucille Gonzales Meis, Regional Chief Counsel, Region IX; Theophous H. Reagans, Assistant Regional Counsel, Social Security Administration, for defendant-appellee.

Before: HARRY PREGERSON, EUGENE E. SILER, JR., and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge:

Patricia D. Shafer ("Shafer") appeals the district court's order denying her motion for attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, in a social security disability action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We hold the district court abused its discretion in denying Shafer's motion because the government's defense of the procedural errors in the administrative law judge's opinion was...

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