Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pope v. Commissioner of Social Security Administration

United States District Court, D. Arizona

May 2, 2018

Lora Pope, an unmarried woman, Plaintiff,
v.
Commissioner of Social Security Administration, Defendant.

          ORDER

          Leslie A. Bowman United States Magistrate Judge.

         The plaintiff filed this action for review of the final decision of the Commissioner for Social Security pursuant to 42 U.S.C. § 405(g). (Doc. 1, p. 1)

         The Magistrate Judge presides over this case pursuant to 28 U.S.C. § 636(c) having received the written consent of both parties. See Fed.R.Civ.P. 73; (Doc. 14)

         The court finds that the ALJ failed to “fully and fairly develop the record.” Tonapetyan v. Halter, 242 F.3d 1144, 1150 (9th Cir. 2001). The case is remanded for further proceedings.

         PROCEDURAL HISTORY

         In January of 2014, Pope filed applications for disability insurance benefits and for supplemental security income pursuant to Title II and Title XVI of the Social Security Act respectively. (Tr. 180, 186) She alleged disability beginning on August 1, 2012, due to “fibromyalgia, diabetes, obesity, bad back and hips.” (Tr. 180, 186, 202)

         Her applications were denied initially and upon reconsideration. (Tr. 113-120); (Tr. 123-129) Pope requested review and appeared with counsel at a hearing before Administrative Law Judge (ALJ) Laura Speck Havens on June 8, 2016. (Tr. 43) In her decision, dated October 6, 2016, the ALJ found Pope was not disabled because there are jobs in the national economy that she can perform considering her age, education, work experience, and residual functional capacity. (Tr. 26-35)

         Pope appealed and submitted additional records from her treating physician, “Sagir Bera, M.D.” (Tr. 2) On June 3, 2014, the Appeals Council rejected the additional evidence and denied review making the decision of the ALJ the final decision of the Commissioner. (Tr. 1-6) Pope subsequently filed this action appealing that final decision. (Doc. 1)

         Claimant's Work History and Medical History

         Pope was born in September of 1968. (Tr. 33) She was 48 years old when ALJ Havens issued her decision in October of 2016. (Tr. 35)

         Pope has a high school diploma. (Tr. 47) She worked as a bartender until August of 2014 when she was “let go” because she could no longer stand for longer that 15-20 minutes at a stretch. (Tr. 47-49) She did not apply for unemployment benefits. (Tr. 47-48)

         Physical Impairment

         In April of 2014, Martha A. Goodrich, M.D., reviewed the medical records for the disability determination service and offered an opinion of Pope's physical limitations. (Tr. 68) Goodrich opined that Pope could lift 10 pounds occasionally and 10 pounds frequently. (Tr. 71-74); (Tr. 80-83) She could stand and/or walk for 2 hours in an 8-hour day. Id. She could sit for more than 6 hours in an 8-hour day. Id. She should never crawl or climb ladders, ropes, or scaffolds. Id. She should only occasionally climb ramps or stairs, stoop, kneel, or crouch. Id. She should avoid concentrated exposure to environmental hazards such as fumes, odors, dusts, gases, or poor ventilation. Id. She should avoid even moderate exposure to hazards such as machinery or heights. Id.

         In October of 2014, Marilyn Orenstein, M.D., reviewed the medical records for the disability determination service and offered an opinion of Pope's physical limitations. (Tr. 94-96); (Tr. 106-108) Orenstein agreed with the limitations previously provided by Goodrich. Id.

         Also in October of 2014, Pope was examined by Jerome Rothbaum, M.D., for the disability determination services. (Tr. 336) Rothbaum diagnosed morbid obesity, asthma, nicotine abuse, alcohol abuse, myofascial low back pain, and hypertension. (Tr. 339) Rothbaum opined that none of these conditions would impose any limitations for 12 consecutive months. Id.

         The record contains a Physical Residual Function Capacity Statement apparently from Pope's treating physician, Sagir Bera, D.O. (Tr. 322-323) Bera diagnosed Pope with diabetes, fibromyalgia, chronic pain syndrome, hyperlipidemia, obstructive sleep apnea, morbid obesity, and chronic back pain. (Tr. 322) He opined that Pope's pain is severe enough to constantly interfere with her attention and concentration. (Tr. 322) Bera estimated that Pope could sit for more than 3 hours at a time, and for about 6 hours in an 8-hour day. (Tr. 323) She could stand or walk for 10-15 minutes at one time. (Tr. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.