Manos v. Commissioner Social Security Administration, No. 3:2013cv01419 - Document 29 (D. Or. 2015)
Court Description: OPINION & ORDER: Plaintiff's Application/Motion for Fees Pursuant to EAJA 24 is Granted and attorney fees in the amount of $2,845.12 and costs for filing fees in the amount of $400.00 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Signed on 8/3/15 by Magistrate Judge Paul Papak. (gm)
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Manos v. Commissioner Social Security Administration Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GEORGE MANOS, Plaintiff, v. 3:13-cv-01419-PK OPINION AND ORDER CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. PAPAK, Magistrate Judge: Plaintiff George Manos filed this action on August 13, 2013, seeking judicial review of the Commissioner of Social Security's ("Commissioner") final decision denying his application for disability and Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("the Act"). This court has jurisdiction over the matter pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). Page 1 - OPINION AND ORDER Dockets.Justia.com On March 23, 2015, this coUlt issued an Opinion & Order reversing and remanding the Defendant's final decision denying Plaintiffs application for disability and disability insurance benefits based on the Administrative Law Judge's ("ALJ") failure to properly develop the medical record (#22) as to limitations related to Plaintiffs pseudoseizures. Now before the court is Plaintiffs Motion for Attorney Fees (#24) pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Defendant opposes Plaintiffs motion and argues that her position was "substantially justified," and EAJA fees are therefore inappropriate in this case. Def. 's Response, #27, 2. A "substantially justified" position is one that "a reasonable person could think is co!Tect [or) has a reasonable basis in law and fact." Pierce v. Underwood, 487 U.S. 552, 566 n.2 (1988)). Defendant supports this contention by citing to the same facts Defendant offered in supp01t of her initial assertion that the ALJ sufficiently developed the medical record .. Defendant points to the fact that the ALJ held "multiple hearings" and received "extensive medical expe1t testimony." As explained in the analysis I provided in support of my Opinion & Order, #22, 17-20, plentiful evidence exists in the record that shows the "multiple" hearings, three in total, were only so multiple because the first two hearings were cursory, incomplete, and malTed by the medical expe1ts' lack of knowledge on the relevant limitations. The second hearing was even truncated because the testifying medical expert had to accept a telephone call. Moreover, the medical expe1is providing testimony admitted limitations in their ability to speak to relevant the psychological issues. While I agree with Defendant insofar as she argues "[p ]hysicians who do not specialize in mental health ... are competent to provide psychiatric evidence." Def.'s Response, #27, 3 (citing Lester v. Chafer, 81 F.3d 821, 833 (9th Cir. 1995)), I do not find it Page 2 - OPINION AND ORDER reasonable to argue that a physician competently provided psychiatric evidence when he himself ended his undetailed testimony on the issue with the suggestion, never acted upon, that "a psychiatrist should be the person to say whether he's disabled from it." Opinion & Order, #22, 20 (citing Tr. 48). Thus, I reject Defendants opposition and grant Plaintiffs Motion for Attorney Fees (#24). Based on Plaintiffs declaration of assignment (#25), attorney fees will be paid to Plaintiffs attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees and costs, pursuant to the Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S. Ct. 2521 (2010). If Plaintiff has no such debt, then the check shall be made out to Plaintiffs attorney and mailed to Plaintiffs attorney as follows: Men·ill Schneider, P.O. Box 14490, Portland, Or 97293. If Plaintiff has a debt, then the check for any remaining funds after offset of the debt shall be made to Plaintiff and mailed to Plaintiffs attorney's office at the address stated above. CONCLUSION For the foregoing reasons, Plaintiffs Motion (#24) is Granted and attorney fees in the amount of $2,845.12 and costs for filing fees in the amount of $400 shall be awarded to Plaintiff as detailed above pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. IT IS SO ORDERED. Dated this 3rd day of August, 2015. Honorable Pau Papak United States Magistrate Judge Page 3 - OPINION AND ORDER
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