Professional Documents
Culture Documents
No. 06-1264
JUDY CREECH,
Plaintiff - Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL
SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Henry M. Herlong, Jr., District
Judge. (4:04-cv-02484-HMH)
Submitted:
December 4, 2006
Decided:
PER CURIAM:
Judy Creech appeals from the district courts order
denying her motion for attorneys fees under the Equal Access to
Justice Act (EAJA), 28 U.S.C. 2412 (2000).
filed
an
application
for
supplemental
social
an
administrative
judge
(ALJ)
also
Following a
denied
her
further
proceedings.
The
order
of
the
Appeals
Council
and
(2)
the
ALJs
decision
failed
to
perform
court.
magistrate
- 2 -
judge
issued
to the
Report
and
The
with
the
applicable
regulations
and
document
its
conclusion
regarding
the
claimants
residual
functional
capacity, and (3) the ALJ failed to properly specify the basis for
its assessment of the claimants credibility.
the
ALJs
decision
and
remanding
for
further
administrative action.*
Creech then filed a motion in district court requesting
approximately
district
$4000
court
in
attorneys
concluded
that
fees
the
under
the
Commissioners
EAJA.
The
litigation
was
not
substantially
justified;
(3)
no
special
28 U.S.C.
as
to
the
appropriateness
of
the
contested
action.
issues,
because
the
governments
overall
position
was
161-62 (1990) ([T]he EAJA--like other fee-shifting statutes-favors treating a case as an inclusive whole, rather than as
atomized line-items.); Roanoke River Basin, 991 F.2d at 139 ([W]e
look
beyond
determine,
the
from
issue
the
on
which
totality
of
- 4 -
the
petitioner
circumstances,
prevailed
to
whether
the
People
for
the
Ethical
Treatment
of
Animals
v.
considered the applicable legal standard and did not abuse its
discretion
in
concluding
that
the
Commissioners
litigation
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED
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