6th Cir (Ky): Marshall v. Comm Social Security (ED Pikeville; 4/18/2006)

Marshall v. Comm Social Security
Social Security and EAJAA Fees
Eastern District of Kentucky at Pikeville

District Court found that claimant was not eligible for EAJAA fees after prevailing following a "sentence six" remand under 42 U.S.C. 504(g), due to a lost file. After remand the case was heard for a second time by the ALJ, who then issued a fully favorable opinion. The District Court reasoned that the "sentence six" remand was not sufficient to confer "prevailing party" status to Marshall under EAJAA. The 6th Circuit disagreed, and remanded the case to the District Court for determination of whether the Commissioner’s position was substantially justified and whether special circumstances made an award of fees unjust.

Thanks to Louisville attorney Chris Harrell for digesting this opinion from the CA6.

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