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Cruz v. Comm'r of Soc. Sec., 10-1494

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By FindLaw Staff on December 28, 2010 3:59 PM

Motion for attorney's fees under the Equal Access to Justice Act

Cruz v. Comm'r of Soc. Sec., 10-1494, concerned a challenge to a Magistrate Judge's denial of plaintiff's motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. section 2412, and denial of a motion to alter or amend judgment, in plaintiff's on-going suit seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying his claim for disability benefits.


In affirming the judgment, the court held that, in concluding that the Commissioner was substantially justified, the Magistrate Judge correctly applied the relevant facts to the law and therefore did not commit clear error of judgment in denying plaintiff's motion for attorney's fees.  The court also held that the Magistrate Judge did not abuse its discretion in denying plaintiff's motion for costs as the Judge considered all the facts and circumstances surrounding plaintiff's claims and declined to award costs after careful deliberation.

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