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GARDNER v. BERRYHILL

No. 14-35164.

856 F.3d 652 (2017)

Kimberley A. GARDNER, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2017.

Attorney(s) appearing for the Case

Alan Stuart Graf (argued), Alan Stuart Graf PC, Floyd, Virginia, for Plaintiff-Appellant.

Gerald Hill (argued), Assistant Regional Counsel; David Morado , Regional Chief Counsel, Seattle Region X; Office of the General Counsel, Social Security Administration, Seattle, Washington; Ronald K. Silver , Assistant United States Attorney; Kelly A. Zusman , Appellate Chief; United States Attorney's Office, Seattle, Washington; for Defendant-Appellee.

Before: Richard R. Clifton, Mary H. Murguia, and Jacqueline H. Nguyen, Circuit Judges.

OPINION

Kimberley Gardner appeals the district court's denial of her application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). We reverse and remand.

After losing her claim for social security disability...

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