Michael Todd v. Commissioner of Social Security , 357 F. App'x 641 ( 2009 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0799n.06
No. 08-4503
FILED
UNITED STATES COURT OF APPEALS Dec 17, 2009
FOR THE SIXTH CIRCUIT LEONARD GREEN, Clerk
MICHAEL TYRONE TODD, )
) ON APPEAL FROM THE
Plaintiff-Appellant, ) UNITED STATES DISTRICT
) COURT FOR THE
v. ) NORTHERN DISTRICT OF
) OHIO
COMMISSIONER OF SOCIAL SECURITY, )
) MEMORANDUM
Defendant-Appellee. ) OPINION
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.