Hardesty v. Astrue

Response to AG's Opposition to EAJA fees


EAJA fees seem to be a hot topic around the nation right now. AGs and courts seems to be working hand in hand to deny EAJA fees for whatever reason they can find. Here, the AG simply misstated the facts of the case. I felt that a Rule 11 motion should have been filed against them for blatantly misstating the facts to the court, but was satisfied that they did not choose to bear their burden to show that the fees were excessive in any way once we filed this response. Morrison's verbage here simply made me mad, and while I feel confident in our position, I'm not celebrating until the money is in the bank because the unpublished opinions from our district have been finding some way to deny fees for about the last 2 years. Anyone else having this experience?

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Reference Info:Federal, 7th Circuit, Indiana | United States

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