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CUNNINGHAM v. BARNHART

No. 05-1981.

440 F.3d 862 (2006)

Eric CUNNINGHAM, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 7, 2006.

Attorney(s) appearing for the Case

Michael C. Blanton (argued), Elie Halpern & Associates, Olympia, WA, for Plaintiff-Appellant.

Curt Marceille (argued), Social Security Administration Office of the General Counsel, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

After a lengthy battle with the Commissioner of Social Security, Eric Cunningham was ultimately able to convince the Commissioner that he was entitled to disability insurance benefits. He was unable, however, to convince the district court that he should be awarded attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (the "EAJA"). Cunningham appeals that determination. For the reasons set forth below, we affirm....

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