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Rodger Dean Bassett v. Michael J. Astrue, Commissioner of Social Security

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ARGUED FEBRUARY 15, 2011

Before ROVNER, WOOD, and EVANS, Circuit Judges.

We must determine whether the district court abused its discretion in denying Rodger Bassett’s petition for attorneys’ fees under the Equal Access to Justice Act. The act entitles a prevailing party to fees only if the position of the United States was not substantially justified. And the district court concluded that a reasonable person could think that the commissioner of Social Security acted with a rational basis in fact and law, not only in denying Bassett’s application for disability benefits in part, but also in unsuccessfully defending that portion of the decision in federal court. We see no abuse of discretion in this conclusion, so we affirm the district court’s order denying Bassett’s petition.

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