Stanfield v. Apfel

985 F. Supp. 927, 1997 WL 812502
CourtDistrict Court, E.D. Missouri
DecidedDecember 22, 1997
DocketNo. 1:95 CV 103 DDN
StatusPublished
Cited by46 cases

This text of 985 F. Supp. 927 (Stanfield v. Apfel) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanfield v. Apfel, 985 F. Supp. 927, 1997 WL 812502 (E.D. Mo. 1997).

Opinion

MEMORANDUM

NOCE, United States Magistrate Judge.

This matter is before the court upon the plaintiff’s petition for attorney’s fees (Doc. No. 24). The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge. 28 U.S.C. § 636(c).

Plaintiff Larry B. Stanfield asks this court to award attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The EAJA provides for the award of fees and expenses to a prevailing party who submits a timely application for fees, unless the court finds that the position of the United States was substantially justified. Plaintiff argues that he was the prevailing party in the case by reason of the order entered on April 11, 1997, and that the position of the United States was not substantially justified.

Defendant Kenneth S. Apfel, Commissioner of Social Security, opposes the fee application, arguing that the Commissioner’s position was substantially justified. Alternatively, defendant asserts that, if an award of attorney’s fees is made, the award should be reduced by fifty percent because plaintiff prevailed only in part.

Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), a court:

shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded ..., incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds [929]*929that the position of the United States was substantially justified or that special circumstances make an award unjust.

The court finds, and defendant concedes, that plaintiff timely filed his petition for attorney’s fees. 28 U.S.C. § 2412(d)(1)(B). Accordingly, plaintiff’s attorney is entitled to fees and expenses, if (1) plaintiff was the prevailing party, and (2) the defendant’s position was not substantially justified.

Plaintiff Larry B. Stanfield commenced this action seeking judicial review of the decision of defendant Commissioner of Social Security denying his applications for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401, et seq., and for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381, et seq.

Plaintiff moved for summary judgment, arguing that the decision denying his applications was not based on substantial evidence on the record as a whole because the administrative law judge (1) attached too much weight to the opinion of a reviewing psychiatrist, Dr. Glenn, while improperly discrediting the opinion of a reviewing psychologist, Dr. Niskey; (2) failed to fully and fairly develop the administrative record; (3) failed to ask the vocational expert a proper hypothetical question; and (4) failed to apply the proper standard for evaluating subjective complaints of pain and other symptoms. The defendant moved for summary judgment, arguing that the Commissioner’s decision was supported by substantial evidence and that plaintiffs activities were not those of an individual incapacitated by physical and/or mental impairments.

On April 11, 1997, the court denied plaintiffs motion for summary judgment as to disability insurance benefits, finding that there was substantial evidence in the record as a whole to support the Commissioner’s decision that, prior to September 30, 1986, plaintiff did not suffer from a mental disorder that affected his ability to work, and that there was no evidence in the record that plaintiffs work in 1984 and 1985 was affected by any mental condition. Memorandum, filed April 11, 1997, at 48. However, the court sustained plaintiff’s motion for summary judgment as to supplemental security income benefits, and found that the Commissioner’s decision was not supported by substantial evidence on the record as a whole. Id. at 49.

It is well-settled that in order to be a prevailing party for EAJA purposes, plaintiff must have received some, but not necessarily all, of the benefits originally sought in his action. Swedberg v. Bowen, 804 F.2d 432, 434 (8th Cir.1986) (“We agree with appellee that [Cook v. Heckler, 751 F.2d 240 (8th Cir.1984)] does not require a party to receive all of the benefits to which he claimed entitlement under the Social Security Act, but he must receive some in order to be a prevailing party”). Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983). Plaintiff received benefits sought under Title XVI, and was thereby the prevailing party.

The Court must next address the question of whether defendant’s position was substantially justified. It was not.

A party’s position is substantially justified if it is “justified to a degree that could satisfy a reasonable person.” Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 2550, 101 L.Ed.2d 490 (1988). This test “is one of reasonableness.” Melton v. Bowen, 673 F.Supp. 353, 354 (W.D.Mo.1987). In other words, the government “must show that its position was ‘clearly reasonable; well-founded in law and fact, solid though not necessarily correct.’ ” Id. at 355 (quoting Jackson v. Bowen, 807 F.2d 127, 128 (8th Cir.1986)). The “substantial justification standard is a lesser standard than the substantial evidence standard used to review administrative determinations.” Brouwers v. Bowen, 823 F.2d 273, 275 (8th Cir.1987). Accord Melton, 673 F.Supp. at 355. As a result, the government’s position may be “substantially justified” even though the court finds that there was not substantial evidence to support the Secretary’s decision.

Vanover v. Chater, 946 F.Supp. 744, 745 (E.D.Mo.1996) (quoting Sullivan v. Sullivan, 738 F.Supp. 332, 333 (W.D.Mo.1990)) (internal citations omitted).

[930]*930Defendant argues that its position was substantially justified, principally on the basis of the Title II claim upon which plaintiff did not succeed. Defendant also argues that its position on the Title XVI claim was such that “a reasonable person could have agreed with the ALJ’s decision.” Def. Response, filed July 15,1997, at 6.

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Bluebook (online)
985 F. Supp. 927, 1997 WL 812502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanfield-v-apfel-moed-1997.