The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the government must show that its position was substantially justified at each stage of the proceedings. . . Because the government’s underlying position was not substantially justified, we award attorney fees, even if the government’s litigation position may have been justified.” (Tobeler v. Colvin (Ninth Cir.; April 18, 2014) (Case No. 12-16392).)
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