Michael Tyrone Todd v. Commissioner of Social Security

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0799n.06
No. 08-4503
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
MICHAEL TYRONE TODD,
Plaintiff-Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
C O U R T F O R T H E
NORTHERN DISTRICT OF
OHIO
M E M O R A N D U M
O P I N I O N
BEFORE: NORRIS, CLAY, and SUTTON, Circuit Judges.
PER CURIAM. Plaintiff, Michael Todd, appeals from an order of the district court denying
his application for attorney fees following an order by the district court reversing the denial of
benefits. The district court concluded that fees were not warranted because the government’s
position was substantially justified. 28 U.S.C § 2412(d).
Having had the benefit of oral argument and having carefully considered the record on
appeal, the briefs of the parties, and the applicable law, we are not persuaded that the district court
erred in denying plaintiff’s application for attorney fees.
Because the reasoning which supports denial of attorney fees has been articulated by the
district court, the issuance of a detailed written opinion by this court would be duplicative and serve
no useful purpose. Accordingly, the judgment of the district court is AFFIRMED upon the
reasoning used by that court in its order entered September 2, 2008.

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