Jamison v. Commissioner of Social Security

Filing 25

MEMORANDUM & ORDER denying 20 Motion for Attorney Fees; denying 23 Motion for Attorney Fees. Signed by Senior Judge Edward H. Johnstone on 07/10/2009. cc:counsel (CSD)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:07CV690-J JAMES T. JAMISON VS. MICHAEL J. ASTRUE, Commissioner of Social Security MEMORANDUM AND ORDER This matter is before the Court on plaintiff's request for fees pursuant to the Equal Access to Justice Act, 28 U.S.C. Sec. 2412. The Commissioner contends that the EAJA is inapplicable because his position was substantially justified under the definition provided in Willis v. Sullivan, 931 F.2d 390, 401 (6th Cir. 1991) ("justified to a degree that could satisfy a reasonable person"). This is not a case of disregard of legal principles or even of disagreement regarding the existence of substantial evidence. Rather, the judgment in favor of plaintiff was based on the Court's determination that there were ambiguities in the Administrative Law Judge's decision, ambiguities that prevented the Court from determining whether substantial evidence supported the decision, and required remand for clarification. This Court cannot agree that the "partial waiver of sovereign immunity" represented by the EAJA was intended to apply in the circumstances of this case. Ardestani v. INS, 502 U.S. 129, 137 (1991). It appearing that the Commissioner's position was substantially justified, IT IS ORDERED that plaintiff's request for fees pursuant to 28 U.S.C. Sec. 2412 is denied. DEFENDANT PLAINTIFF

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It is clear from the decision that the ALJ was aware of both the complaints of pain and the complaints of numbness; however, because of the ambiguities discussed above, it is not possible for the Court to determine whether the ALJ addressed both the pain and the numbness. It follows that it is not possible for the Court to determine whether substantial evidence supports the ALJ's determinations regarding residual function and credibility. The matter must be remanded for clarification. An order in conformity has this day entered.

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July 10, 2009