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PRIESTLEY v. ASTRUE

Nos. 10-1113, 10-1160, 10-1176.

651 F.3d 410 (2011)

Andria PRIESTLEY, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee, and Social Security Administration, Party-in-Interest. Barbara Peter, Plaintiff-Appellant, and Social Security Administrative Record, Party-in-Interest, v. Michael J. Astrue, Commissioner of Social Security, Defendant-Appellee. Zella Davis, Plaintiff-Appellant, v. Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 7, 2011.

Attorney(s) appearing for the Case

ARGUED: Charles Lee Martin, Martin & Jones, Decatur, Georgia, for Appellants. Marvin Jennings Caughman, Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: Paul T. McChesney, Spartanburg, South Carolina, for Appellants. William N. Nettles, United States Attorney, Beth Drake, First Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina; Dorrelyn K. Dietrich, Special Assistant United States Attorney for the District of South Carolina, John Jay Lee, Acting Regional Chief Counsel, Social Security Administration, Denver, Colorado, for Appellee.

Affirmed in part, vacated in part, and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DAVIS joined. Judge DAVIS wrote a separate opinion concurring in part and concurring in the judgment. Senior Judge HAMILTON wrote a separate opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

The plaintiffs in these three cases prevailed in district court on their appeals from the Social Security Administration's denial of their claims for disability benefits, and then, as prevailing parties, filed motions under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), for "fees and other expenses." In the motions, the plaintiffs sought reimbursement for the attorneys fees of Paul T. McChesney, a South...

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