When will attorney fees be awarded to a claimant who wins remand based on a mistake by the Commissioner of Justice?
MultiRegion, United States of America
The following excerpt is from Simon v. Berryhill, Case No. 1:15-cv-01239-EPG (E.D. Cal. 2017):
When a claimant wins a remand based on an incorrect decision by the Commissioner, attorney fees are to be awarded unless the Commissioner shows that she was "substantially justified" in her position or that special circumstances make an award unjust. Meier v. Colvin, 727 F. 3d 867, 870 (9th Cir. 2013) ("It is the government's burden to show that its position was substantially justified.").
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