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HOWARD v. BARNHART

No. 02-2058.

376 F.3d 551 (2004)

Jimmie L. HOWARD, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 12, 2004.

Attorney(s) appearing for the Case

Lewis M. Seward (argued and briefed), Seward, Tally & Piggott, Bay City, MI, for Plaintiff-Appellant.

Edward P. Studzinski (argued and briefed), for Social Security Administration Office of the General Counsel Region V., Chicago, IL, Peter A. Caplan, Asst. U.S. Attorney, Detroit, MI, for Defendant-Appellee.

Before: MARTIN and MOORE, Circuit Judges; WEBER, Senior District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Jimmie Howard appeals from the district court's denial of his request for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, in this social security benefits action. Because we conclude that the district court erred in finding that the Commissioner of Social Security's position was "substantially justified," we REVERSE and REMAND for a determination of whether the fees requested were reasonable...

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