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STEWART v. ASTRUE

No. 08-1739.

561 F.3d 679 (2009)

Jennifer STEWART, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Frederick J. Daley, Jr., Attorney, Marcie E. Goldbloom, Attorney (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

David H. Hoff, Attorney, Office of the United States Attorney, Urbana, IL, Edward P. Studzinski, Attorney (argued), Social Security Administration Office of the General Counsel, Region V, Chicago, IL, for Defendant-Appellee.

Before BAUER, KANNE, and WOOD, Circuit Judges.

PER CURIAM.

A magistrate judge, presiding by consent, overturned the denial of Social Security disability benefits to Jennifer Stewart and remanded her case to the agency, but then denied her application for attorney's fees. The magistrate judge concluded that the Commissioner of Social Security was substantially justified in opposing Stewart's suit to overturn the denial of benefits, and thus Stewart was not entitled to an award of attorney's fees. We reverse that...

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