Delong v. Commissioner of Social Security Administration

748 F.3d 723, 2014 WL 1378136, 2014 U.S. App. LEXIS 6487
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 9, 2014
DocketNo. 13-1990
StatusPublished
Cited by269 cases

This text of 748 F.3d 723 (Delong v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delong v. Commissioner of Social Security Administration, 748 F.3d 723, 2014 WL 1378136, 2014 U.S. App. LEXIS 6487 (6th Cir. 2014).

Opinion

OPINION

BERNICE B. DONALD, Circuit Judge.

Berniece J. DeLong appeals the District Court’s judgment denying her motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The District Court vacated a decision of the Commissioner of Social Security (Commissioner), who denied DeLong Disability Insurance Benefits (DIB) and Supplemental Security Income Benefits (SSI), and remanded DeLong’s case for further administrative proceedings on one of three grounds for relief that DeLong had raised. The District Court concluded, however, that DeLong was not entitled to attorney fees because the Commissioner’s position “was substantially justified.” 28 U.S.C. § 2412(d)(1)(A). For the reasons that follow, we hold that this conclusion does not reflect an abuse of discretion, and we AFFIRM the judgment of the District Court.

I.

DeLong applied for DIB and SSI in 2003, both of which the Social Security Administration (Agency) denied on initial review. Although she subsequently obtained three hearings before an administrative law judge (ALJ), the ALJ concluded after each hearing that DeLong was not disabled. The Agency’s Appeals Council twice intervened, vacating the ALJ’s decision and remanding DeLong’s case for further administrative proceedings after the first and second hearings. After the ALJ’s third determination that DeLong was not disabled, however, the Appeals Council declined further review. Consequently, the ALJ’s determination became the Commissioner’s final decision.

On October 27, 2010, DeLong filed a complaint in the United States District Court for the Western District of Michigan to challenge the denial of benefits.1 Relying on 42 U.S.C. §§ 405(g) and 1383(c)(3),2 she asserted three grounds for relief: (1) that the Commissioner erred in relying on a consulting medical source rather than the opinions of DeLong’s treating physicians; (2) that the Commissioner improperly assessed other medical source opinions and lay testimony; and (3) that the Commissioner erred in assessing DeLong’s credibility and mischaracterized the evidence in the record. The District Court rejected the second and third claims out of hand, noting that “[credibility determinations ... are peculiarly within the province of the ALJ,” explaining that the ALJ had not mischaracterized any of the underlying medical evidence, and finding no error in the ALJ’s consideration of lay opinion evidence. But, concluding that the ALJ had “failed to provide ‘good reasons’ for the weight he gave to the opinions of [De-Long’s] treating physicians,” the District Court vacated the denial of benefits and remanded DeLong’s case for further ad[725]*725ministrative proceedings under sentence four of § 405(g).3

DeLong subsequently filed a motion for attorney fees under the EAJA, contending that the denial of benefits and the Commissioner’s defense of the denial had lacked substantial justification. The District Court denied the motion, noting that merely obtaining a reversal did not entitle DeLong to EAJA fees. Instead, the District Court concluded, the Commissioner’s position was substantially justified despite the reversal for several reasons: (1) the court had rejected all but one of DeLong’s arguments; (2) DeLong improperly had attempted to present evidence to the court that she had not presented to the ALJ;4 (3) the record did not “strongly establish” DeLong’s entitlement to benefits; and (4) the court had reversed the ALJ’s decision on procedural rather than substantive grounds. This appeal followed.5

II.

We review the District Court’s denial of attorney fees under the EAJA for an abuse of discretion. Damron v. Comm’r of Soc. Sec., 104 F.3d 853, 855 (6th Cir.1997) (citing Pierce v. Underwood, 487 U.S. 552, 559, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988)). “To find that the [District [C]ourt abused its discretion, this court must be firmly convinced that a mistake has been made.” Id. Here, despite having invoked the proper standard of review, DeLong has established no mistake on the part of the District Court. Accordingly, her claim for attorney fees must fail.

To recover attorney fees under the EAJA, a plaintiff must satisfy three conditions: (1) she must be a “prevailing party”; (2) the Government’s opposing position must have been without substantial justification; and (3) there must be no special circumstances that warrant denying relief. Marshall v. Comm’r of Soc. Sec., 444 F.3d 837, 840 (6th Cir.2006); see 28 U.S.C. § 2412(d)(1)(A). DeLong is a prevailing party, see Shalala v. Schaefer, 509 U.S. 292, 301-02, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and the Commissioner does not contend that any special circumstances support denying EAJA relief. Accordingly, resolution of this appeal turns on whether the Commissioner’s decision to deny benefits to DeLong, and subsequently to defend the denial, was substantially justified.

The Commissioner’s position may be substantially justified even if a district court rejects it. Couch v. Sec. of Health & Human Servs., 749 F.2d 359, 360 (6th Cir.1984) (per curiam). The Government bears the burden of proving that a given [726]*726position was substantially justified, Scarborough v. Principi, 541 U.S. 401, 414-15, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004), and it discharges that burden by demonstrating that the position had a “reasonable basis both in law and fact,” Pierce, 487 U.S. at 565, 108 S.Ct. 2541 (citations omitted).

III.

DeLong begins by asserting that the District Court gave too much weight to the arguments that she raised unsuccessfully, and she contends that the District Court’s rejection of those arguments “does not dilute the fatal flaws within the ALJ’s decision — or justify defending it.” Both claims are reducible to an allegation that DeLong levied against the ALJ below— “cherry picking” the record. The District Court observed that this allegation is seldom successful because crediting it would require a court to re-weigh record evidence. It is no more availing on appeal. Cf. White v. Comm’r of Soc. Sec., 572 F.3d 272, 284 (6th Cir.2009) (“[W]e see little indication that the ALJ improperly cherry picked evidence; the same process can be described more neutrally as weighing the evidence.”).

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748 F.3d 723, 2014 WL 1378136, 2014 U.S. App. LEXIS 6487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delong-v-commissioner-of-social-security-administration-ca6-2014.