Justia Public Benefits Opinion Summaries
Articles Posted in U.S. 7th Circuit Court of Appeals
Bassett v. Astrue
The Equal Access to Justice Act entitles a prevailing party to fees only if the position of the United States was not substantially justified. The Seventh Circuit affirmed denial of fees for a remand to an administrative law judge for an explanation of the determination of a precise date on which the social security applicant became disabled. The ALJ did not ignore, mischaracterize, selectively cite, or otherwise bungle a significant body of relevant evidence, but committed the sort of articulation error that ordinarily does not taint the commissionerâs position. A reasonable person could conclude that both the ALJâs opinion and the commissionerâs defense of the opinion had a rational basis in fact and law.