Morin v. Colvin

Filing 20

ORDER GRANTING 17 MOTION FOR AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 20 U.S.C. § 2412(d) by Hon. Brian A Tsuchida.(AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ALLEN J. MORIN,
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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER GRANTING MOTION FOR
AWARD OF ATTORNEY FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT, 20 U.S.C. § 2412(d)

Defendant.

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CASE NO. C16-5608-BAT

Allen J. Morin moves for attorney’s fees of $7,267.94 and expenses of $5.70 under the

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Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Dkts. 14, 17. The Commissioner

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argues the Court should deny the motion because the government’s position was substantially

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justified. Dkt. 18. The Court rejects the Commissioner’s arguments and GRANTS plaintiff’s

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motion.

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EAJA provides that a court shall award to a prevailing party fees and other expenses

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incurred by that party unless the court finds the position of the United States was substantially

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justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). To

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show that its position was “substantially justified” the government must demonstrate its position

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had a reasonable basis in both law and fact at each stage of the proceedings. Tobeler v. Colvin,

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749 F.3d 830, 832–34 (9th Cir. 2014).
ORDER GRANTING MOTION FOR AWARD OF ATTORNEY FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT, 20 U.S.C. §
2412(D) - 1

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The government erroneously posits that the issue before the Court is “whether the

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Commissioner was substantially justified despite [the] deficiencies in the ALJ’s decision. Dkt.

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18 at 3. However, the “position of the United States” includes both the government’s litigation

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position and the underlying agency action giving rise to the civil action. Meier v. Colvin, 727

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F.3d 867, 870 (9th Cir. 2014) (emphasis added). Thus in assessing whether the government’s

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position is substantially justified, a Court first considers the underlying agency action. Id. at 872.

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A court need not address whether the government’s subsequent litigation position is justified

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when the underlying agency position was not substantially justified. Id. at 872-73.

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Here the Court found the ALJ harmfully erred in rejecting the opinions of Kimberly

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Wheeler, Ph. D., and the testimony of the lay witnesses. Dkt. 14. As to Dr. Wheeler’s opinions,

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the Court found the ALJ’s determination contained legal error, and was also not supported by

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substantial evidence; as to the lay testimony, the Court found the ALJ’s determination was not

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supported by substantial evidence. Id. In short, the Court, in its decision on the merits, found

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the ALJ’s determination lacked a reasonable basis in both law and fact. See Tobler, 749 F.3d at

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832-34.

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While the Court need not resolve whether the government was substantially justified in

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defending the ALJ’s decision, the Court notes the government largely reiterates arguments the

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Court previously rejected in ordering reversal and remand of the case. Given the obvious and

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serious flaws in the ALJ’s analysis, the Court finds now that the government has not shown it

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was substantially justified in defending the ALJ’s decision.

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The Court concludes the Commissioner’s position was not substantially justified and

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GRANTS Mr. Morin’s motion. The Commissioner did not object to the amount of fees Mr.

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Morin requested. The Court has reviewed plaintiff’s motion and supporting declarations, and the
ORDER GRANTING MOTION FOR AWARD OF ATTORNEY FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT, 20 U.S.C. §
2412(D) - 2

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record, and finds the amount requested is reasonable.
The Court therefore ORDERS the Commissioner to pay plaintiff’s attorney’s fees in the

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amount of $7,267.94 and expenses of $5.70, provided that plaintiff does not owe a debt to the

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Government. If a federal debt exists, than any remaining sum after offset shall be payable to

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plaintiff but mailed to plaintiff’s attorney, Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E.,

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Suite 321, Olympia, WA. 98501. WA 98284.

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DATED this 26th day of June, 2017.

A
BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING MOTION FOR AWARD OF ATTORNEY FEES
UNDER THE EQUAL ACCESS TO JUSTICE ACT, 20 U.S.C. §
2412(D) - 3