Brown v. Commissioner of Social Security Administration

          ORDER

          Honorable John J. Tuchi, United States District Judge.

         At issue is the denial of Plaintiff Kathy Brown's Application for Supplemental Security Income Benefits by the Social Security Administration (“SSA”) under the Social Security Act (“the Act”). Plaintiff filed a Complaint (Doc. 1) with this Court seeking judicial review of that denial, and the Court now addresses Plaintiff's Opening Brief (Doc. 8, “Pl.'s Br.”), Defendant Social Security Administration Commissioner's Opposition (Doc. 9, “Def.'s Br.”), and Plaintiff's Reply (Doc. 10, “Reply”). The Court has reviewed the briefs and Administrative Record (Doc. 7, R.) and now affirms the Administrative Law Judge's decision (R. at 18-38) as upheld by the Appeals Council (R. at 2-7).

         I. BACKGROUND

         Plaintiff filed an application for Supplemental Security Income Benefits on April 3, 2014 for a period of disability beginning May 17, 2013. (R. at 21.) Plaintiff's claim was denied initially on September 30, 2014 (R. at 21), and on reconsideration on January 30, 2015 (R. at 21). Plaintiff then testified at a hearing held before an Administrative Law Judge (“ALJ”) on August 9, 2016. (R. at 18-38.) On November 22, 2016, the ALJ denied Plaintiff's Application. (R. at 32.) On August 25, 2017, the Appeals Council denied a request for review of the ALJ's decision. (R. at 2-7.) On September 26, 2017, Plaintiff filed this action seeking judicial review of the denial.

         The Court has reviewed the medical evidence in its entirety and finds it unnecessary to provide a complete summary here. The pertinent medical evidence will be discussed in addressing the issues raised by the parties. In short, upon considering the medical records and opinions, the ALJ evaluated Plaintiff's disability based on the following alleged impairments: cervical radiculopathy and spondylosis; status post C4-7 fusion; lumbar degenerative disc disease and radiculopathy; and carpal tunnel syndrome. (R. at 23.)

         Ultimately, the ALJ determined that Plaintiff “does not have an impairment or combination of impairments that meets or medically equals the severity of the listed impairments in 20 C.F.R. Part 404.” (R. at 25.) The ALJ then found that Plaintiff has the residual functional capacity (“RFC”) to “perform light work as defined in 20 C.F.R. 404.1567(b) except [Plaintiff] can occasionally lift and carry 20 pounds, frequently lift and carry 10 pounds, sit for 6 hours of an 8-hour workday, and stand/walk for 6 hours of an 8hour workday.” (R. at 25.)

         II. LEGAL STANDARD

         In determining whether to reverse an ALJ's decision, the district court reviews only those issues raised by the party challenging the decision. See Lewis v. Apfel, 236 F.3d 503, 517 n.13 (9th Cir. 2001). The court may set aside the Commissioner's disability determination only if the determination is not supported by substantial evidence or is based on legal error. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007). Substantial evidence is more than a scintilla, but less than a preponderance; it is relevant evidence that a reasonable person might accept as adequate to support a conclusion considering the record as a whole. Id. To determine whether substantial evidence supports a decision, the court must consider the record as a whole and may not affirm simply by isolating a “specific quantum of supporting evidence.” Id. As a general rule, “[w]here the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ's decision, the ALJ's conclusion must be upheld.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002) (citations omitted).

         To determine whether a claimant is disabled for purposes of the Act, the ALJ follows a five-step process. 20 C.F.R. § 404.1520(a). The claimant bears the burden of proof on the first four steps, but the burden shifts to the Commissioner at step five. Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999). At the first step, the ALJ determines whether the claimant is presently engaging in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). If so, the claimant is not disabled and the inquiry ends. Id. At step two, the ALJ determines whether the claimant has a “severe” medically determinable physical or mental impairment. 20 C.F.R. § 404.1520(a)(4)(ii). If not, the claimant is not disabled and the inquiry ends. Id. At step three, the ALJ considers whether the claimant's impairment or combination of impairments meets or medically equals an impairment listed in Appendix 1 to Subpart P of 20 C.F.R. Part 404. 20 C.F.R. § 404.1520(a)(4)(iii). If so, the claimant is automatically found to be disabled. Id. If not, the ALJ proceeds to step four. Id. At step four, the ALJ assesses the claimant's RFC and determines whether the claimant is still capable of performing past relevant work. 20 C.F.R. § 404.1520(a)(4)(iv). If so, the claimant is not disabled and the inquiry ends. Id. If not, the ALJ proceeds to the fifth and final step, where he determines whether the claimant can perform any other work in the national economy based on the claimant's RFC, age, education, and work experience. 20 C.F.R. § 404.1520(a)(4)(v). If so, the claimant is not disabled. Id. If not, the claimant is disabled. Id.

         III. ANALYSIS

         Plaintiff raises three arguments for the Court's consideration: (1) the ALJ erred by giving little weight to the opinion of Plaintiff's treating physician; (2) the ALJ erred by partially discrediting Plaintiff's symptom testimony; and (3) the Court should remand for computation of benefits. (Pl.'s Br. at 1.)

         A. The ALJ Did Not Err by Partially Discrediting the Opinions of Plaintiff's Treating Physician

         While “[t]he ALJ must consider all medical opinion evidence, ” there is a hierarchy among the sources of medical opinions. Tommasetti v. Astrue, 533 F.3d 1035, 1041 (9th Cir. 2008). Those who have treated a claimant are treating physicians, those who examined but did not treat the claimant are examining physicians, and those who neither examined nor treated the claimant are nonexamining physicians. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). “As a general rule, more weight should be given to the opinion of a treating source than to the opinion of doctors who did not treat the claimant.” Id.

         Given this hierarchy, if the treating physician's evidence is controverted by a nontreating or nonexamining physician, the ALJ may disregard it only after “setting forth specific, legitimate reasons for doing so that are based on substantial evidence in the record.” Murray v. Heckler, 722 F.2d 499, 502 (9th Cir. 1983). “The ALJ can meet this burden by setting out a detailed and thorough summary of the facts and conflicting clinical evidence, stating his interpretation thereof, and making findings.” Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir. 1989). ...