From Casetext: Smarter Legal Research

Corbin v. Apfel

United States Court of Appeals, Ninth Circuit
Jul 28, 1998
149 F.3d 1051 (9th Cir. 1998)

Summary

holding that substantial justification inquiry focused on government's decision to defend procedural errors committed by administrative law judge, not government's position as to whether movant was actually disabled

Summary of this case from U.S. v. Marolf

Opinion

No. 97-15489

Argued and Submitted June 12, 1998 — San Francisco, California.

Filed July 28, 1998

Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding.

D.C. No. CV-94-00327-LDG

COUNSEL

Richard E. Donaldson, Las Vegas, Nevada, for the plaintiff-appellant.

Michael R. Power, Assistant Regional Counsel, Social Security Administration, San Francisco, California, for the defendant-appellee.

Before: James R. Browning and Joseph T. Sneed, Circuit Judges, and Frank R. Zapata, District Judge.

Honorable Frank R. Zapata, United States District Judge for the District of Arizona, sitting by designation.



OPINION


Judy Corbin appeals the district court's denial of her request in a Social Security disability action for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Corbin argues that, in considering her fee request, the district court erred by focusing on whether the government's position as to the question of her disability was substantially justified. Instead, she claims that the court should have focused on whether the government's decision to defend on appeal procedural errors made by the Administrative Law Judge who reviewed her case was substantially justified. Because the errors made by the ALJ — a failure to make key findings and weigh basic evidence — were fundamental to the decision-making process at the agency level, we agree, and reverse and remand to the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

Judy Corbin ("Corbin") filed a claim for Social Security Disability benefits and Supplemental Security Income with the Commissioner of the Social Security Administration ("the Commissioner"). At the time of the claim, Corbin was 39 years old, but claimed a variety of ailments which allegedly prohibited her from engaging in regular work. The claim for benefits was ultimately denied by an Administrative Law Judge ("ALJ") assigned to the case.

The district court affirmed the ALJ decision, and Corbin appealed to the Ninth Circuit. Corbin v. Chater, No. 9515482. This court, in an unpublished memorandum disposition, reversed and remanded the case to the Commissioner for further hearings because it found that the ALJ committed two errors. Specifically, the ALJ failed to determine whether Corbin's testimony regarding "excess pain" she suffered as a result of her medical problems was credible, and whether one of her doctors — who had ordered her to lift no more than five pounds — had intended the lifting restriction to be temporary or permanent.

Corbin then filed a motion in district court for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). That statute states that a court shall award fees to a prevailing party in any civil action brought by or against the United States "unless the court finds that the position of the United States was substantially justified." 28 U.S.C. § 2412(d)(1)(A). The district court denied the motion on the grounds that the ALJ did not lack evidence regarding the two issues in which it failed to make determinations. Rather, the ALJ failed to properly evaluate that evidence. The district court then held that when there is "some evidence" supporting the original denial of benefits the government's position is "substantially justified" and fees are not warranted. This timely appeal ensued. II.

STANDARD OF REVIEW

This court reviews a district court's denial of an EAJA claim for abuse of discretion. Sampson v. Chater, 103 F.3d 918, 921 (9th Cir. 1996).

III. DISCUSSION

"Substantial justification" under the EAJA means that the government's position must have a reasonable basis in law and fact. Pierce v. Underwood, 487 U.S. 552, 565 (1988) (holding that the "substantially justified" test is equivalent to the "reasonable basis both in law and fact" formulation previously utilized in the Ninth Circuit); Kali v. Bowen, 854 F.2d 329, 331 (9th Cir. 1988). Substantial justification does not mean "justified to a high degree," but simply entails that the government must show that its position meets the traditional reasonableness standard — that it is "justified in substance or in the main," or "to a degree that could satisfy a reasonable person." Underwood, 487 U.S. at 565. The government's position must be "substantially justified" at "each stage of the proceedings." Williams v. Bowen, 966 F.2d 1259, 1261 (9th Cir. 1991).

On this much the parties agree. Their conflict hinges not on the determination of the proper test, but rather on the question of what government position it is that the court must examine in search of "substantial justification." The Commissioner argues that the government's position as to whether Corbin is actually disabled is what is truly at issue. Corbin asserts that the court should look to the government's decision to defend on appeal the procedural errors committed by the ALJ. Corbin's position is correct. See Sampson v. Chater, 103 F.3d 918, 921-22 (9th Cir. 1996) (finding no substantial justification where the ALJ failed to make necessary inquiries of the claimant and his mother and neglected to adequately examine evidence); Flores v. Shalala, 49 F.3d 562, 569-71 (9th Cir. 1995) (holding that the government's decision to oppose claimant's remand request on appeal was not substantially justified when the ALJ failed to consider a "vocational report" bearing on the issue of disability).

The Commissioner's position, one shared by the district court, is an accurate interpretation of what was previously considered the law of this circuit. See, e.g., Albrecht v. Heckler, 765 F.2d 914, 916 (9th Cir. 1985) (ruling that when "the ALJ is reversed for a failure to weigh conflicting medical evidence properly, an award of fees is inappropriate"); Wolverton v. Heckler, 726 F.2d 580, 583 (9th Cir. 1984) (awarding fees because "[t]he ALJ was not reversed for improper balancing, but because there was no evidence contradicting the medical experts' unanimous finding of disability").

However, following the Supreme Court's ruling in Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625, 125 L.Ed.2d 239 (1993), it became possible for a claimant to be deemed a "prevailing party" for EAJA purposes prior to the ultimate disposition of his disability claim. In other words, a party is eligible for fees under EAJA if he wins at any intermediate stage in the proceedings — for instance, by obtaining a remand from the appeals court, as occurred in the present case. As a result, a logical shift in focus within the circuit has occurred — from considering only the ultimate issue of disability to considering the justification of the government's position at the discrete stage in question. See Flores, 49 F.3d at 570. Whether the claimant is ultimately found to be disabled or not, the government's position at each stage must be "substantially justified." [5] Applying this standard to the present case, it seems clear that the government's position can not be considered "substantially justified." The procedural errors committed by the district court — a failure to make findings and weigh evidence — are serious ones. Allegations of excess pain may be discredited only by specific findings, Bunnell v. Sullivan, 947 F.2d 341, 346 (9th Cir. 1991), and a reviewing court should not be forced to speculate as to the grounds for an adjudicator's rejection of a claimant's allegations of disabling pain. Murray v. Heckler, 722 F.2d 499, 502 (9th Cir. 1983). Indeed, "[t]he failure of ALJs to make [specific] findings in disability cases is among the principal causes of delay and uncertainty in this area of the law." Murray, 722 F.2d at 502, citing Chiappa v. Secretary of Dep't of HEW, 497 F. Supp. 356, 358 (S.D.N.Y. 1980). While the government's defense on appeal of an ALJ's procedural error does not automatically require a finding that the government's position was not substantially justified, the defense of basic and fundamental errors such as the ones in the present case is difficult to justify.

In such circumstances, an award of fees properly apportioned to pursuing the stages of the case in which in the government lacked substantial justification — in this instance, the original appeal of the ALJ's decision, the district court's consideration of the procedural errors and fee request on remand, and this appeal — are appropriate. See Flores, 49 F.3d at 56671.

Therefore, we reverse and remand to the district court for consideration in accord with this opinion.

REVERSED AND REMANDED.


Summaries of

Corbin v. Apfel

United States Court of Appeals, Ninth Circuit
Jul 28, 1998
149 F.3d 1051 (9th Cir. 1998)

holding that substantial justification inquiry focused on government's decision to defend procedural errors committed by administrative law judge, not government's position as to whether movant was actually disabled

Summary of this case from U.S. v. Marolf

holding that the "failure to make findings and weigh evidence" are "serious" procedural errors

Summary of this case from Beal v. Colvin

holding that the Commissioner was not substantially justified in defending an ALJ's decision where he rejected Claimant's testimony without specific findings

Summary of this case from Lasso v. Astrue

holding Commissioner was not substantially justified in defending an ALJ's decision in which he rejected Claimant's subjective testimony without specific findings

Summary of this case from Holden v. Colvin

holding that "the defense of basic and fundamental errors . . . is difficult to justify."

Summary of this case from Norton v. Astrue

holding that the government can be made to pay EAJA attorneys' fees awards "prior to the ultimate disposition of [plaintiff's] disability claim"

Summary of this case from McCarty v. Astrue

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' conduct, were not substantially justified

Summary of this case from Ohman v. Saul

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Schultz v. Berryhill

finding that "the government's defense of basic and fundamental procedural errors" is "difficult to justify"

Summary of this case from Laborin v. Colvin

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Lepage v. Berryhill

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Moores v. Berryhill

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Young v. Berryhill

finding that the government's "defense of basic and fundamental errors" is "difficult to justify"

Summary of this case from Jones v. Berryhill

finding that "the government's defense of basic and fundamental procedural errors" is "difficult to justify"

Summary of this case from Hooker v. Comm'r of Soc. Sec. Admin.

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from McKinney v. Berryhill

finding that "the government's defense of basic and fundamental procedural errors" is "difficult to justify"

Summary of this case from Schwab v. Comm'r of Soc. Sec. Admin.

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Kirk v. Berryhill

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Levi v. Colvin

finding no substantial justification where the ALJ failed to determine whether the claimant's testimony regarding "excess pain" that she suffered as a result of her medical problems was credible, and whether one of her doctors — who had ordered her to lift no more than five pounds — had intended the lifting restriction to be temporary or permanent

Summary of this case from Nielsen v. Colvin

finding that the "government's position at each stage must be 'substantially justified'"

Summary of this case from Smith v. Astrue

finding no substantial justification where the ALJ failed to determine whether the claimant's testimony regarding "excess pain" that she suffered as a result of her medical problems was credible, and whether one of her doctors — who had ordered her to lift no more than five pounds — had intended the lifting restriction to be temporary or permanent

Summary of this case from Stevenson v. Astrue

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Blackwell v. Astrue

finding that the ALJ's failure to determine whether the claimant's testimony regarding the impact of excess pain she suffered as a result of her medical problems was credible, and whether one of her doctors' lifting restrictions was temporary or permanent, and the Commissioner's decision to defend that conduct, were not substantially justified

Summary of this case from Tremayne v. Astrue

reversing district court's denial of EAJA fees where ALJ failed to make any credibility findings regarding disabling pain

Summary of this case from Williams v. Colvin

In Corbin, a case involving judicial review of the agency’s denial of disability benefits, we upheld EAJA fee awards that were apportioned to successive stages of the underlying litigation, in which we reversed and remanded for further proceedings before the agency.Id. at 1052.

Summary of this case from Ibrahim v. U.S. Dep't of Homeland Sec.
Case details for

Corbin v. Apfel

Case Details

Full title:JUDY CORBIN, Plaintiff-Appellant, v. KENNETH S. APFEL, COMMISSIONER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 28, 1998

Citations

149 F.3d 1051 (9th Cir. 1998)

Citing Cases

Martinez v. Colvin

If the claimant wins at any intermediate stage of the proceedings, he is considered a "prevailing party"…

Lewis v. Barnhart

We review a district court's denial of attorneys' fees under the Act for an abuse of discretion. Corbin v.…