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· 2/19/2009

Ericksson v. Commissioner of Social Security

Citations

  • 557 F.3d 79
  • 2009 U.S. App. LEXIS 3017
  • 2009 WL 398719

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the district court abused its discretion in finding the government’s position was substantially justified
  • holding same as Lamay in case involving termination of benefits
  • awarding legal fees when the ALJ had ignored or mischaracterized evidence
  • analysis is whether the position can be “justified to a degree that could satisfy a reasonable person” (quoting Pierce, 487 U.S. at 565)
  • “[T]he record demonstrates that the first ALJ improperly disregarded or mischarac-terized evidence of Ericksson’s continuing disability, and that the second ALJ awarded Ericksson benefits based, in substantial part, on a proper assessment of this very evidence.”
  • the government “bears the burden of showing that [its] position was ‘substantially justified,’ which the Supreme Court has construed to mean ‘justified to a degree that could satisfy a reasonable person.’” (quoting Pierce v. Underwood, 487 U.S. 552, 565 (1988)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Raggi, and Livingston, Circuit Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.