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FRUITT v. ASTRUE

No. 09-6027.

604 F.3d 1217 (2010)

Michelle K. FRUITT, Plaintiff-Appellant, v. Michael J. ASTRUE, Social Security Administration Commissioner, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 12, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:* Mark E. Buchner, Tulsa, OK, for Plaintiff-Appellant.

John C. Richter, United States Attorney, Michael McGaughran, Regional Chief Counsel, Region VI, James D. Sides, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Dallas, TX, for Defendant-Appellee.

Before MURPHY, McKAY, and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

After the district court reversed and remanded the Commissioner's decision denying her social-security benefits, Michelle K. Fruitt filed a motion for attorneys' fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court awarded the requested attorneys' fees, but not the requested filing-fee cost. The cost denial was based on a determination that, though Ms. Fruitt's filing complied with the thirty...

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