Crutcher v. Commissioner Social Security Administration
Filing
28
OPINION: Crutcher's Motion for Fees Under the Equal Access to Justice Act 24 is granted. Crutcher is entitled to attorney fees in the amount of $4,304.86 as reflected in the Order For Payment of Attorney Fees Pursuant to EAJA. Signed on 8/3/2015 by Judge Garr M. King. (pg)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
ROBERT M. CRUTCHER, III,
Plaintiff,
v.
COMMISSIONER, Social Security
Administration,
Defendant.
Kathryn Tassinari
Brent Wells
Harder, Wells, Baron & Manning, P.C.
474 Willamette St.
Eugene, OR 97401
Attorneys for Plaintiff
Billy J. Williams
Acting United States Attorney
District of Oregon
Page 1 - OPINION
Case No. 6:14-cv-00308-KI
OPINION
Ronald K. Silver
Assistant United States Attorney
1000 SW Third Ave., Ste. 600
Portland, OR 97201-1044
Sarah L. Martin
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
701 Fifth Ave., Ste. 2900 M/S 221A
Seattle, WA 98104-7075
Attorneys for Defendant
KING, Judge:
Plaintiff Robert M. Crutcher brought an action pursuant to section 205(g) of the Social
Security Act, as amended, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the
Commissioner denying plaintiff’s application for supplemental security income benefits (“SSI”).
I reversed the decision of the Commissioner and remanded for a finding of disability.
Pending before me is plaintiff’s counsel’s Motion for Fees Under the Equal Access to
Justice Act (“EAJA”) [24]. For the following reasons, I grant the motion and award Crutcher
$4,304.86 in attorney fees.
LEGAL STANDARDS
The EAJA provides that the court shall award attorney fees and expenses to a prevailing
party in any civil action brought by or against the United States unless the court finds that the
government’s position was substantially justified or that special circumstances make an award
unjust. 28 U.S.C. § 2412(d)(1)(A). The test for determining whether the government was
substantially justified is whether its position had a reasonable basis both in law and fact. Pierce
v. Underwood, 487 U.S. 552, 565 (1988); Flores v. Shalala, 49 F.3d 562, 569-70 (9th Cir. 1995).
Page 2 - OPINION
The burden is on the government to prove substantial justification. Flores, 49 F.3d at 569. In
evaluating the government's position, the court must look at both the underlying government
conduct and the positions taken by the government during the litigation. Barry v. Bowen, 825
F.2d 1324, 1330-31 (9th Cir. 1987), disapproved on other grounds, In re Slimick, 928 F.2d 304
(9th Cir. 1990). If the underlying agency action was not substantially justified, the court need not
consider whether the government’s litigation position was substantially justified. Andrew v.
Bowen, 837 F.2d 875, 880 (9th Cir. 1988).
A finding that the agency decision was not supported by substantial evidence is a “strong
indication” that the government’s position was not substantially justified. Thangaraja v.
Gonzales, 428 F.3d 870, 874 (9th Cir. 2005). “Indeed, it will be only a ‘decidedly unusual case in
which there is substantial justification under the EAJA even though the agency’s decision was
reversed as lacking in reasonable, substantial and probative evidence in the record.” Id. (quoting
Al-Harbi v. INS, 284 F.3d 1080, 1085 (9th Cir. 2002)).
DISCUSSION
In the Opinion and Order dated March 31, 2015, I reversed the ALJ’s decision and
remanded for a finding of disability. I accepted the Commissioner’s argument that the ALJ did
not err in rejecting the opinions of Crutcher’s mental health providers, none of whom were
acceptable medical sources. However, I concluded the ALJ erred in failing to credit the opinion
of Crutcher’s treating physician, Dr. Bigley, who opined Crutcher could not be gainfully
employed. I based my decision in part on the fact that no physician identified alcohol as the
source of Crutcher’s problem. More importantly, I noted Dr. Bigley’s observations were
consistent with and supported by substantial evidence in the record. I also found fault with the
Page 3 - OPINION
ALJ’s treatment of Crutcher’s mother’s testimony regarding Crutcher’s difficulty interacting with
other people.
The government’s position was not frivolous. However, this is not the “decidedly
unusual” case in which I could conclude the government’s position was substantially justified
despite the fact that I reversed the ALJ’s decision as unsupported by substantial evidence in the
record. My decision was not based on a mere alternative interpretation of the medical record;
instead, Dr. Bigley’s observations, corroborated by Crutcher’s mother and the larger medical
record, reflected an inability to work due to psychological problems.
I am not persuaded by the Commissioner’s reiteration of its litigation position. See Or.
Natural Res. Council v. Madigan, 980 F.2d 1330, 1332 (9th Cir. 1992) (rejecting government’s
arguments because analysis on the merits contradicted the government’s position and it offered
nothing new); Cascadia Wildlands v. Bureau of Land Mgmt., 987 F. Supp. 2d 1085, 1091 (D. Or.
2013) (finding unpersuasive an opposition to fee request “premised on the same arguments”
which was an “attempt to reargue the merits of the case”). The government has not established
that its position had a reasonable basis both in law and fact.
Under the EAJA, the “court’s award of attorney fees must be reasonable.” Sorenson v.
Mink, 239 F.3d 1140, 1145 (9th Cir. 2001); 28 U.S.C. § 2412(d)(2)(A). I have reviewed the
request and find it to be reasonable.
///
///
Page 4 - OPINION
CONCLUSION
Based on the foregoing reasons, Crutcher’s Motion for Fees Under the Equal Access to
Justice Act [24] is granted. Crutcher is entitled to attorney fees in the amount of $4,304.86 as
reflected in the accompanying order.
IT IS SO ORDERED.
DATED this
3rd
day of August, 2015.
/s/ Garr M. King
Garr M. King
United States District Judge
Page 5 - OPINION
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?