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MEIER v. COLVIN

No. 11-35736.

727 F.3d 867 (2013)

Jeffrey MEIER, Plaintiff-Appellant, v. Carolyn W. COLVIN, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2013.

Attorney(s) appearing for the Case

John E. Seidlitz, Jr. , Seidlitz Law Office, Great Falls, MT, for Plaintiff-Appellant.

Michael C. Cotter , United States Attorney, George F. Darragh, Jr. , Assistant United States Attorney, Great Falls, MT; Dorrelyn K. Dietrich , Special Assistant United States Attorney, Social Security Administration, Office of the General Counsel, Denver, CO; John Jay Lee , Regional Chief Counsel, Region VIII, Social Security Administration, Office of the General Counsel, Denver, CO, for Defendant-Appellee.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and JAMES P. JONES, District Judge.

OPINION

FISHER, Circuit Judge:

Jeffrey Meier appeals the district court's order denying his motion for attorney's fees and costs under the Equal Access to Justice Act. We hold that the position of the United States was not substantially justified. We therefore reverse and remand for an award of fees and costs.

BACKGROUND

Meier applied for social security disability benefits. The administrative law judge (ALJ) denied benefits and the district...

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