Topic: it is the government's burden to show that its position was… · Go Syfert
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Topic #18238

5 canonical passages across 4 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security Administration.

#Case FlagCanonical passage Citers
1 Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security Administration Anchor
ca9 · 2001
green “it is the government's burden to show that its position was 11 substantially justified or that special circumstances exist to make an award unjust.” 7
2 Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security Administration
ca9 · 2001
green “an 24 applicant for disability benefits becomes a prevailing party for the purposes of the eaja if the 25 denial of her benefits is reversed and remanded regardless of whether disability benefits 26 ultimately are awarded.” 6
3 Costa v. Commissioner of Social Security Administration
ca9 · 2012
green “district courts 17 may not apply de facto caps limiting the number of hours attorneys can reasonably expend on 18 'routine' social security cases.” 3
4 Shafer v. Astrue
ca9 · 2008
green “the relevant question is whether the 15 government's decision to defend on appeal the procedural errors committed by the alj was 16 substantially justified” 3
5 Kimberly Gardner v. Nancy Berryhill
ca9 · 2017
green “in 14 determining whether a party is eligible for fees under eaja, the district court must determine 15 whether the government's position regarding the specific issue on which the district court based 16 its remand was 'substantially justified'-not whether the alj would ultimate…” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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