Anne J. Holohan v. Larry G. Massanari, Acting Commissionerof Ssa

246 F.3d 1195, 2001 Cal. Daily Op. Serv. 3014, 2001 Daily Journal DAR 3733, 2001 U.S. App. LEXIS 6607, 2001 WL 378344
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 17, 2001
Docket00-16090
StatusPublished
Cited by2,079 cases

This text of 246 F.3d 1195 (Anne J. Holohan v. Larry G. Massanari, Acting Commissionerof Ssa) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anne J. Holohan v. Larry G. Massanari, Acting Commissionerof Ssa, 246 F.3d 1195, 2001 Cal. Daily Op. Serv. 3014, 2001 Daily Journal DAR 3733, 2001 U.S. App. LEXIS 6607, 2001 WL 378344 (9th Cir. 2001).

Opinions

Opinion by Judge BETTY B. FLETCHER; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

BETTY B. FLETCHER, Circuit Judge:

Anne Holohan appeals from the district court’s grant of summary judgment to the Commissioner of Social Security denying her claim objecting to the termination of her disability benefits, awarded under Title II of the Social Security Act. We reverse and restore her benefits.

Background

On November 28, 1994, Anne Holohan filed an application for Social Security disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433 (the Act). She claimed eligibility for the benefits on the basis of disability due to depression, anxiety attacks, alcoholism, coordination problems, memory problems, loss of physical strength, and concentration problems. On March 1; 1995, the Social Security Administration (SSA) found Holohan [1200]*1200disabled as defined by the Act and eligible to receive disability benefits. In its notice to Holohan, the SSA explained that it “found that drug addiction and/or alcoholism is a contributing factor material to your disability. This means if we had not considered your drug addiction and/or alcoholism, we would not have found you disabled.”

In 1996, Congress amended Title II by eliminating drug and alcohol dependency as bases for disability findings. See Contract With America Advancement Act of 1996 § 105, 42 U.S.C. § 423(d)(2)(C). In order to implement' Congress’ mandate, the SSA sent termination notices to persons receiving disability benefits who had been found to be disabled by virtue of drug or alcohol dependency. The notice informed the recipients that their benefits would terminate unless they had another basis to support a disability finding. Holo-han received such a notice and requested a redetermination of her claim, asserting that she was disabled within the meaning of the Act, even without considering her alcoholism. The SSA reviewed Holohan’s case and concluded that she did not qualify for disability benefits. Holohan filed a request for a hearing, which was held on July 29,1997.

At the hearing, Holohan was represented by a law student. Holohan testified that she was unable to work due to, among other things, depression and severe anxiety with panic attacks. In his decision, issued on September 25, 1997, the Administrative Law Judge (ALJ) reviewed the evidence of Holohan’s medical history and then engaged in the five step sequential evaluation process for evaluating disability claims set forth at 20 C.F.R. § 404.1520.

First, if a claimant is found to be currently working and engaged in substantial. gainful employment, she is not disabled under the- Title II regulations. Id. § 404.1520(b). The ALJ found that Holo-han was not gainfully employed.

Second, in order to qualify as disabled, a claimant must have a severe impairment. Id. § 404.1520(c). The ALJ found that while Holohan had no severe physical impairment, she did have severe mental impairments, namely, dysthymia, and alcohol abuse in full remission.

Third, if a claimant’s severe impairment meets or exceeds a listed impairment in Appendix 1 to Part 404 of the regulations implementing Title II, then this is sufficient for finding the claimant to be disabled. Id. § 404.1520(d). The ALJ found that Holohan’s mental impairments did not meet or exceed the functional limitations listed in the appendix. In considering Ho-lohan’s functional capacity, the ALJ specifically found Holohan’s statement that her condition had deteriorated since she began her treatment with Dr. Oh to lack credibility, stating that Dr. Oh’s treatment records indicated improvement.

Fourth, if a claimant’s severe impairment does not qualify as a disability by virtue of meeting or exceeding the requirements of Appendix 1, then the impairment must prevent the claimant from doing past relevant work. Otherwise, the claimant is not disabled under the implementing regulations. Id. § 404.1520(e). Giving Holo-han “the benefit of all doubt,” the ALJ found that she could no longer perform her previous work as a newspaper advertising account executive.

Finally, in order to be disabled, the claimant’s impairment must prevent her from doing any other work. In determining whether a claimant’s impairment prevents her from doing other work, one must consider the claimant’s “residual functional capacity,” age, education, and past work experience. Id. § 404.1520(f). Considering these factors and relying on the Commissioner’s Medical-Vocational Guidelines, [1201]*1201the ALJ found that Holohan “can physically perform work at all exertional levels and mentally she is capable of performing at least simple, repetitive type work.” The ALJ therefore concluded that Holohan was not disabled within the meaning of the Act and upheld the SSA’s determination that Holohan was not eligible to receive disability benefits under Title II.

In reaching the conclusion that Holohan did not meet or exceed a listing in Appendix 1 (at step three of the evaluation) and that she had sufficient residual functional capacity to perform simple, repetitive work (at step five), the ALJ specifically rejected the opinions of James Oh, Holohan’s treating psychiatrist, and Wynne Hsieh, Holo-han’s primary care provider, that Holo-han’s severe mental impairments prevent her from working. The ALJ “reject[ed] the opinion of Dr. Oh” concerning Holo-han’s functional limitations because he found it to be “totally inconsistent with [Dr. Oh’s] own treatment notes and records at [San Francisco General Hospital].” He rejected Dr. Hsieh’s opinion because she did not have first-hand knowledge of Holohan’s impairments and limitations and because, he concluded, it was contradicted by the weight of the most recent evidence in the record.

The Appeals Council of the SSA denied Holohan’s request for review, making the ALJ’s opinion the final decision of the Commissioner of the SSA. Holohan filed for review of the ALJ’s decision in the district court. The district court summarily upheld the ALJ’s denial of benefits. With regard to the ALJ’s treatment of Drs. Oh and Hsieh’s opinions, the district court held that the ALJ “gave specific, legitimate reasons, based on substantial evidence in the record” and so was entitled to reject the opinions of Holohan’s physicians. With regard to the ALJ’s credibility finding, the district court concurred that Dr. Oh’s treatment records indicated that Holohan was improving with treatment rather than deteriorating as she claimed.

The district court had jurisdiction under 42 U.S.C. § 405(g) (providing for district court jurisdiction to review final decisions of the Commissioner of Social Security). Holohan filed a timely notice of appeal. We therefore have jurisdiction under 28 U.S.C. § 1291.

Standard of Review

We review de novo a district court’s decision upholding the Commissioner’s denial of benefits. Harman v. Apfel,

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246 F.3d 1195, 2001 Cal. Daily Op. Serv. 3014, 2001 Daily Journal DAR 3733, 2001 U.S. App. LEXIS 6607, 2001 WL 378344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anne-j-holohan-v-larry-g-massanari-acting-commissionerof-ssa-ca9-2001.