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BASSETT v. ASTRUE

No. 10-3454.

641 F.3d 857 (2011)

Rodger Dean BASSETT, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 2011.

Attorney(s) appearing for the Case

David W. Sutterfield (argued), Attorney, Effingham, IL, for Plaintiff-Appellant.

Douglas A. Hass (argued), Attorney, Social Security Administration, Office of the Regional Chief Counsel, Region V, Chicago, IL, for Defendant-Appellee.

Before ROVNER, WOOD, and EVANS, Circuit Judges.

ROVNER, Circuit Judge.

We must determine whether the district court abused its discretion in denying Rodger Bassett's petition for attorneys' fees under the Equal Access to Justice Act. The act entitles a prevailing party to fees only if the position of the United States was not substantially justified. And the district court concluded that a reasonable person could think that the commissioner of Social Security acted with a rational basis in fact and law, not only...

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