The 5th Circuit Court of Appeals has issued an opinion in Murkledove v. Astrue, holding that an attorney fee is "incurred" for purposes of the Equal Access to Justice Act (EAJA) at the time a case is remanded by a federal court. The lower court had denied an EAJA fee on a remanded cases saying that the contingent fee had not been "incurred." Social Security had not opposed the EAJA award at the District Court level and also supported the appeal.
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