United States District Court, D. Arizona
Bryce D. Jones, Plaintiff,
v.
Commissioner of Social Security Administration, Defendant.
ORDER
Honorable Steven P. Logan, United States District Judge.
At
issue is the denial of Plaintiff Bryce Jones's
Application for Disability Insurance 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. 9, “Pl.'s Br.”) and
Defendant Social Security Administration Commissioner's
Opposition (Doc. 11, “Def.'s Br.”). The Court
has reviewed the briefs and Administrative Record (Doc. 8,
R.) and now affirms the Administrative Law Judge's
decision (R. at 15-26) as upheld by the Appeals Council (R.
at 1-3).
I.
BACKGROUND
Plaintiff
filed an application for Disability Insurance Benefits on
August 13, 2012 for a period of disability beginning
September 15, 2010. (R. at 159.) Plaintiff's claim was
denied initially on March 21, 2013 (R. at 159), and on
reconsideration on September 30, 2013 (R. at 159). Plaintiff
then testified at a hearing held before an Administrative Law
Judge (“ALJ”) on October 15, 2014. (R. at 159.)
On February 25, 2015, the ALJ denied Plaintiff's
Application. (R. at 167.) On July 14, 2016, however, the
Appeals Council vacated the hearing decision and remanded the
case for further proceedings. (R. at 174- 75.)
Subsequently,
Plaintiff testified at a second hearing held before an ALJ on
April 17, 2017. (R. at 15.) On August 30, 2017, the ALJ
denied Plaintiff's Application. (R. at 15- 26.) On June
16, 2018, the Appeals Council denied a request for review of
the ALJ's decision. (R. at 1-3.) On August 14, 2018,
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: lumbar degenerative disc disease; bilateral
shoulder degenerative joint disease and rotator cuff
syndrome; status post surgery on right shoulder; myofascial
pain syndrome; pes planus; left wrist sprain and pain;
leukocytosis; hyperlipidemia; and hyperglycemia. (R. at 18.)
Ultimately, the ALJ determined that Plaintiff “did not
have an impairment or combination of impairments that met or
medically equaled the severity of one of the listed
impairments in 20 CFR Part 404.” (R. at 19.) The ALJ
then found that Plaintiff had the residual functional
capacity (“RFC”) to “perform light work as
defined in 20 CFR 404.1567(b), ” with certain
exceptions, in a role such as furniture rental clerk or
usher. (R. at 19-20, 26.)
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 two arguments for the Court's consideration: (1)
the ALJ failed to properly weigh the medical opinion
evidence; and (2) the ALJ erred by discrediting
Plaintiff's pain and symptom testimony. (Pl.'s Br. at
1.)
A.
The ALJ Did Not Err in Weighing the Opinions of
Plaintiff's Treating Physicians
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). ...