Holden v. Astrue
Filing
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ORDER granting 24 Motion for Attorney Fees. Plaintiff is awarded $3,399.00 in attorney's fees and costs pursuant to Equal Access to Justice Act, 28 U.S.C. § 2412. Signed by Judge David G Campbell on 6/6/13. (LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Garland Scott Holden,
No. CV-11-01726-PHX-DGC
Plaintiff,
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ORDER
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v.
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Carolyn Colvin, Acting Commissioner,
Social Security Administration,
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Defendant.
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Plaintiff has filed a timely motion for attorney’s fees pursuant to the Equal Access
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to Justice Act (“EAJA”), 28 U.S.C. § 2412. Docs. 24-25. A response and reply have
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been filed. Docs. 27-28. The Court will grant the motion.
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I.
Background.
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An administrative law judge (“ALJ”) denied Plaintiff’s application for social
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security benefits, finding that Plaintiff was not disabled within the meaning of the Social
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Security Act. Doc. 22 at 1. That decision became Defendant’s final decision when the
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Appeals Council denied review. Id. Plaintiff then brought an action for judicial review
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pursuant to 42 U.S.C. § 405(g). The Court ruled in favor of Plaintiff and remanded the
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case to Defendant for further proceedings. Doc. 22 at 13.
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II.
Analysis.
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“The EAJA creates a presumption that fees will be awarded to prevailing parties.”
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Flores v. Shalala, 49 F.3d 562, 567 (9th Cir. 1995). Plaintiff is a prevailing party
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because this matter was remanded pursuant to sentence four of the Social Security Act,
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42 U.S.C. § 405(g). See Doc. 22 at 13; Gutierrez v. Barnhart, 274 F.3d 1255, 1257 (9th
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Cir. 2001) (“An applicant for disability benefits becomes a prevailing party for purposes
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of the EAJA if the denial of her benefits is reversed and remanded regardless of whether
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disability benefits ultimately are awarded.”); Flores, 49 F.3d at 567 (“If the district court
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enters judgment reversing and remanding under sentence four, then the claimant must
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apply for fees within 30 days of the date the judgment becomes final.”). The Court
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should award reasonable attorney’s fees and costs under the EAJA unless Defendant
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shows that its position in the case was “substantially justified or that special
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circumstances make an award unjust.”
28 U.S.C. § 2412(d)(1)(A); see Gutierrez,
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274 F.3d at 1258.
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A.
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Defendant argues that an award of attorney’s fees should be denied because her
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position was substantially justified. Doc. 27 at 1. The Court disagrees. Under the EAJA,
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“substantial justification” means that “‘the government’s position must have a reasonable
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basis in law and fact.’” Shafer v. Astrue, 518 F.3d 1067, 1071 (9th Cir. 2008) (quoting
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Corbin v. Apfel, 149 F.3d 1051, 1052 (9th Cir. 1998)). “Where, as here, the ALJ’s
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decision was reversed on the basis of procedural errors, the question is not whether
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[Defendant’s] position as to the merits of [Plaintiff’s] disability claim was substantially
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justified. Rather, the relevant question is whether [Defendant’s] decision to defend on
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appeal the procedural errors committed by the ALJ was substantially justified.” Id.
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(emphasis in original).
Was Defendant’s Position Substantially Justified?
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Defending “basic and fundamental errors” is not substantially justified. Shafer,
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518 F.3d at 1071-72 (holding that it was legal error to discredit Claimant’s testimony
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without giving clear and convincing reasons, and that the Commissioner was not
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substantially justified in defending it). A reviewing court should not have to speculate as
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to the reasons the ALJ rejected the claimant’s allegations. Corbin v. Apfel, 149 F.3d at
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1052 (holding Commissioner was not substantially justified in defending an ALJ’s
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decision in which he rejected Claimant’s subjective testimony without specific findings).
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Defense of the ALJ’s decision in this matter was not substantially justified. The
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ALJ committed the same error as those in Shafer and Corbin. The ALJ dismissed
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Plaintiff’s testimony, reasoning only that: “Claimant’s statements concerning the
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intensity, persistence, and limiting effects of these symptoms are not credible to the
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extent they are inconsistent with the above residual functional capacity assessment.”
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Doc. 22 at 12. The ALJ committed legal error because he “did not identify the evidence
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on which he was relying, did not give specific, clear, and convincing reasons for his
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determination, and made no specific findings.” Id. Just as the Commissioner was not
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substantially justified in defending the errors in Shafer and Corbin, Defendant was not
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substantially justified in defending this case.
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B.
Is the Amount if the Requested Fee Award Reasonable?
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Plaintiff’s counsel has filed a motion for an award of attorney’s fees pursuant to
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the EAJA. Counsel submitted an itemized statement that shows he worked 17.5 hours on
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the case, plus one hour for a reply in support of the motion. Having reviewed counsel’s
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statement and having considered the fee award factors, see Hensley v. Eckerhart, 461
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U.S. 424, 429-30 (1983) the Court finds that the total of 18.5 hours is not excessive. The
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Court will grant Plaintiff’s motion and award $3,399.00 in attorney’s fees.
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IT IS ORDERED:
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Plaintiffs motion for attorney fees (Doc. 24) is granted.
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2.
Plaintiff is awarded $3,399.00 in attorney’s fees and costs pursuant to
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Equal Access to Justice Act, 28 U.S.C. § 2412.
Dated this 6th day of June, 2013.
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