· 7/8/2011
Vincent v. Commissioner of Social Security
Citations
- 651 F.3d 299
- 2011 U.S. App. LEXIS 13921
- 2011 WL 2652444
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the ALJ must “investigate and develop the facts and develop the arguments both for and against the granting of benefits” (quotation and citation omitted)
- explaining that such circumstances exist where the prevailing party’s “own misconduct created the circumstances that led to the litigation” or “that party’s contributions to the litigation’s success were marginal, duplicative and unnecessary” (internal quotation marks and citations omitted)
- describing this analysis as an equitable “safety valve” that should be considered “only on a case-by-case basis”
- finding counsel not primarily responsible for failing to develop the record regarding issue collateral to disability determination where ALJ provided no notice
- reversing a 8 magistrate judge’s denial of fees to the same attorney on the same grounds twice in two years and ordering that the case be reassigned upon remand
- Circuit had reversed judge's denial of fees to the same attorney on the same grounds twice in two years
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Calabresi, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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