Fuhrmann v. Kijakazi

Background

Kimberlee Anne Fuhrmann applied for $8,171.82 in attorney’s fees under the Equal Access to Justice Act, a federal law that can require the government to pay reasonable fees when a person wins a case against unjustified government action. The government did not respond to the fee motion.

In the earlier merits ruling, the court granted Fuhrmann’s motion for summary judgment and denied the Commissioner’s cross-motion for summary judgment. The court found that the administrative law judge improperly rejected the opinion of Dr. McAtee by relying on isolated statements taken out of context. It also found that the administrative law judge’s explanation for rejecting Fuhrmann’s pain and symptom testimony was neither clear nor convincing. The court treated both the medical opinion and Fuhrmann’s testimony as true under the law and remanded the case for an immediate calculation and award of benefits.

Attorney’s Fees Analysis

The court held that Fuhrmann was a prevailing party because she received a remand under sentence four of 42 U.S.C. § 405(g). The court also found that she met the statute’s eligibility requirement because her net worth was less than $2 million when the action was filed.

The government had the burden to show that its position had a reasonable basis in both law and fact. The court concluded that it had not met that burden. The earlier decision identified multiple significant errors in the administrative law judge’s treatment of Dr. McAtee’s opinion and Fuhrmann’s testimony. Based on those errors, the court found that the government’s defense of the administrative decision was not substantially justified.

The court also found that the requested work was reasonable. Fuhrmann’s current attorney had not represented her at the administrative hearing, so the attorney first became familiar with the record while preparing the summary-judgment motion and then responded to the government’s cross-motion. The attorney reported spending 37.3 hours on the case: 33.1 hours in 2021 and 4.2 hours in 2022. The court found the hours and rates reasonable under the circumstances.

Disposition

The court found that Fuhrmann met the statutory requirements for an award of attorney’s fees and granted her motion for attorney’s fees under the Equal Access to Justice Act in the amount of $8,172.82.