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.