Corbin

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. *1052 § 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…