Smith v. Astrue

843 F. Supp. 2d 486, 2012 WL 294963, 2012 U.S. Dist. LEXIS 8771
CourtDistrict Court, D. Delaware
DecidedJanuary 25, 2012
DocketCivil Action No. 08-442-LPS
StatusPublished

This text of 843 F. Supp. 2d 486 (Smith v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Astrue, 843 F. Supp. 2d 486, 2012 WL 294963, 2012 U.S. Dist. LEXIS 8771 (D. Del. 2012).

Opinion

MEMORANDUM OPINION

STARK, District Judge:

Pending before the Court is a Motion For Attorney’s Fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), filed by Plaintiff, Michael Tyrone Smith. Plaintiff filed his motion following this Court’s decision to deny the Motion To Alter Judgment filed by Defendant, Commissioner (“Commissioner”) of the Social Security Administration (“SSA”), which asked for reconsideration after now-retired Judge Farnan reversed the decision of the Commissioner to deny Plaintiffs application for disability benefits and remanded the matter to the SSA to address deficiencies in the decision of the Administrative Law Judge (“ALJ”).

Plaintiff seeks fees for 55.15 hours at a rate of $173.00 per hour, totaling $9,540.95. Defendant objects to the awarding of attorney’s fees on the grounds that the ALJ’s decision was reasonably justifiable, and in the alternative objects to the amount of requested fees as unreasonable.

For the reasons set forth below the Court will grant Plaintiffs Motion For Attorney’s Fees and award attorney’s fees in the amount of $9,540.95.

I. LEGAL STANDARDS

The EAJA provides that “a prevailing party in a litigation against the government shall be awarded ‘fees and other expenses ... incurred by that party ... unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.’ ” Williams v. Astrue, 600 F.3d 299, 301 (3d Cir.2009) (quoting 28 U.S.C. § 2412(d)(1)(A)). The “burden of establishing that there is substantial justification for its position” lays with the government. Morgan v. Perry, 142 F.3d 670, 684 (3d Cir.1998). “The Supreme Court has defined substantial justification under the EAJA as ‘justified in substance or in the main' — that is, justified to a degree that could satisfy a reasonable person.’ ” Id. at 683 (quoting Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988)). “[T]he government’s position is substantially justified ‘if it has a reasonable basis in law and fact.’ ” Id. at 684 (quoting Hanover Potato Prods., Inc. v. Shalala, 989 F.2d 123, 128 (3d Cir. 1993)). To defeat a prevailing party’s application for fees, the government must establish that there is substantial justification for its position by demonstrating “(1) a reasonable basis in truth for the facts alleged; (2) a reasonable basis in law for [489]*489the theory it propounded; and (3) a reasonable connection between the facts alleged and the legal theory advanced.” Williams, 600 F.3d at 302.

II. DISCUSSION

Here, as set forth more fully below, the government has not met its burden.

A. Lack of Reasonable Basis in Law

As Judge Farnan stated in granting the Plaintiffs motion for summary judgment, the ALJ may not “substitute his lay judgment for the expertise of examining medical doctors.” Smith v. Astrue, 2010 WL 1780276 (D.Del. Apr. 30, 2010) (citing Brownawell v. Comm’r of Soc. Sec., 554 F.3d 352 (3d Cir.2008)). Additionally, SSA regulations require that the ALJ recontact examining medical experts “when the report contains a conflict or ambiguity that must be resolved.” 20 C.F.R. § 404.1512(e)(1).

After concluding that the ALJ “improperly substituted his own opinion on certain medical issues not reserved to the Commissioner,” Judge Farnan ordered remand of this case. Smith, 2010 WL 1780276, at *6. The ALJ had discounted in whole or in part each of the opinions offered by the medical experts in the field, and substituted his own judgment as to accommodations that would be required to permit Plaintiff to perform work. While the ALJ explained that he was giving less than controlling weight to the medical opinions because of internal inconsistencies, this did not permit him to substitute his own lay opinion. Instead, he was required to re-contact one or more medical experts. All of this was established by Third Circuit precedent and SSA regulations. Thus, there was no reasonable basis in law for the government’s defense of the ALJ’s error.

B. Lack of Reasonable Basis in Fact

The ALJ’s finding as to Plaintiffs RFC lacked a reasonable basis in fact, as there was no record support for it. The ALJ wrote that Plaintiff:

needs simple, routine, unskilled jobs due to his education, pain and discomfort, and depression, low stress, concentration, memory ... can lift ten pounds on occasion, lesser amounts frequently, stand on his feet for 20 to 30 minutes at a time, and can sit for that amount of time without any problems on a continuous basis during an eight-hour day, five days a week, jobs that have little interaction with the public, coworkers, or supervisors, and have to avoid heights and hazardous machinery due to his dizziness occasionally ... and no prolonged climbing, balancing, stooping, or temperature or humidity extremes, and jobs not requiring repetitive use of his hands, and mildly limited as to, or minimally, allow him occasionally to minimally raise his feet off of weight bearing on a minimal distance on occasion during an eight-hour day.

(Tr. 19) In denying the government’s motion for reconsideration, the Court found that the ALJ’s RFC consisted of “medical assumptions concerning the accommodations Plaintiff would need in the work place ... without record support.” Smith v. Astrue, 2011 WL 703941 (D.Del. Feb. 22, 2011). A reasonable person would not be satisfied with the ALJ’s finding on RFC without record support.

C. Lack of Connection

As there is no reasonable basis in law or fact for the government’s position, the Court does not need to address the third step (reasonable connection);

D. Fees

“Generally speaking, ‘a party seeking attorney’s fees has the burden to [490]*490prove that its request for attorney’s fees is reasonable.’” Newell v. Comm’r of Social Security, 121. Fed.Appx. 937, 939 (3d Cir. 2005) (quoting Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir.1990)). The EAJA requires “an itemized statement from any attorney ... representing ... the party stating the actual time expended and the rate at which fees and other expenses were computed.” 28 U.S.C. § 2412(d)(1)(B). A party opposing a fee award must support its challenge with an “affidavit or brief with sufficient specificity to give fee applicants notice” of the objections. Rode, 892 F.2d at 1183. A fee award may not be “decreas[ed] ... based on factors not raised at all by the adverse party.” Bell v. United Princeton Properties, Inc.,

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Related

Pierce v. Underwood
487 U.S. 552 (Supreme Court, 1988)
Morgan v. Perry
142 F.3d 670 (Third Circuit, 1998)
Brownawell v. Commissioner of Social Security
554 F.3d 352 (Third Circuit, 2008)
Williams v. Astrue
600 F.3d 299 (Third Circuit, 2009)
Sorenson v. Mink
239 F.3d 1140 (Ninth Circuit, 2001)
Bell v. United Princeton Properties, Inc.
884 F.2d 713 (Third Circuit, 1989)
Rode v. Dellarciprete
892 F.2d 1177 (Third Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
843 F. Supp. 2d 486, 2012 WL 294963, 2012 U.S. Dist. LEXIS 8771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-astrue-ded-2012.