Bennett v. Colvin

202 F. Supp. 3d 1119, 2016 WL 4364257, 2016 U.S. Dist. LEXIS 108660
CourtDistrict Court, N.D. California
DecidedAugust 16, 2016
DocketCase No. 15-cv-04415-JST
StatusPublished
Cited by19 cases

This text of 202 F. Supp. 3d 1119 (Bennett v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Colvin, 202 F. Supp. 3d 1119, 2016 WL 4364257, 2016 U.S. Dist. LEXIS 108660 (N.D. Cal. 2016).

Opinion

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Re: ECF Nos. 19, 22, 23

JON S. TIGAR, United States District Judge

Plaintiff Diana Alissa Bennett seeks judicial review of the Social Security Administration Commissioner’s (“Commissioner”) denial of her application for Social Security disability insurance benefits and Supplemental Security Income (SSI) disability benefits pursuant to 42 U.S.C. § 405(g). Before the Court are Bennett’s motion for summary judgment and the Commissioner’s cross-motion for summary judgment. Upon consideration of the moving papers and the reasons explained below, Plaintiff’s motion for summary judgment is granted in part and Defendant’s cross-motion for summary judgment is denied. Though Plaintiff requests a remand for award of benefits, the Court will remand this case for further proceedings.

I. BACKGROUND

A. Relevant Factual and Medical History

Plaintiff alleges that she has been disabled since December 14, 2010. AR 176. Bennett is a 47-year old woman who has not worked since December 13, 2010, AR 177, and was last employed as a server at Applebee’s. AR 41. Bennett’s application for disability benefits is based upon alleged impairments including degenerative disc disease of her lumbar spine, anxiety, depression, chronic pain syndrome, obesity and the residual effects of a right ankle fracture. ECF No. 19 at 4.

Bennett was evaluated by Dr. Navjeet Boparai, M.D., who performed an orthopedic evaluation of Plaintiff on August 13, 2012. AR. 351-356. In the assessment, Plaintiff reports that her lower back pain started in 1996 when she tried to move a box' and that the pain has gotten worse since 2005. AR. 352. Dr. Boparai was unable to assess hip joint range of motion, knee joint range of motion, straight leg raising, lower extremity strength, and palpation of the spine as the claimant reported being unable to tolerate the pain involved in the testing. AR. 354-355. Dr. Boparai did note that Plaintiff was able to walk into the exam room without assistance, though she did have difficulty walk[1124]*1124ing normally and had a decreased stride length. AR. 356. Dr. Boparai was unable to comment if Plaintiffs condition would impose limitations for 12 continuous months, but found Plaintiffs maximum standing/walking capacity to be up to “four hours” and her maximum sitting capacity to be “up to six hours.” AR 356.

In August, 2012, John Kiefer, Psy. D., performed a comprehensive psychiatric evaluation of Plaintiff. AR 358. Dr. Kiefer provided found that Plaintiffs ability to understand, remember and carry out short and simple instructions, and to understand and remember detailed and complex instructions was good. AR. 364. Further, Dr. Kiefer found that Plaintiffs ability to accept instruction from a supervisor, ability to interact with coworkers and ability to sustain an ordinary routine without special supervision was good. AR. 364. Dr. Kiefer found that Plaintiffs ability to complete a normal workday and workweek without interruptions at a consistent pace was fair. AR. 364. Dr. Kiefer also concluded that Plaintiffs ability to deal with changes in the work setting was good and that the likelihood of emotional deterioration in the work place was minimal. AR. 364.

Marco Bodor, M.D., examined Plaintiff for treatment of low back pain in November, 2012. AR 368. Dr. Bodor noted that there is “mild tenderness to palpation along the lower lumbar paraspinal muscles” and that “range of motion is limited in flexion, extension due to low back pain.” Dr. Bodor’s assessment of Plaintiffs symptoms included a right L5 lumbar rad-iculopathy and elevated BMI. Id. He recommended that Plaintiff continue home exercise and expressed that an improvement in her BMI would be most likely to give her long-term relief of her low back pain symptoms. Id.

On March 27, 2013, Janet Cain, Ph.D. performed a psychological evaluation of Plaintiff. AR 517. Dr. Cain found that the Plaintiffs social functioning and daily living skills were moderately impaired. AR 518. Dr. Cain noted that Plaintiff may have difficulty with coworkers, supervisors, and the public due to “significant anxiety and depression” and that Plaintiff “will have difficulty with attendance given her medical and social/emotional difficulties.” Id. However, Dr. Cain also found that Plaintiffs intellect “appears to be sufficiently intact to understand, carry out, and remember simple instructions” and that Plaintiff “should be able to respond appropriately to simple changes in the routine work setting, as well as safety concerns.” AR 518.

In April 2013, Plaintiffs physical therapist recommended that Plaintiff use a walker for safe gait and remarked that Plaintiff was “unsteady and able to walk short distances only due to her back pain and sciatica.” AR 639.

Lynette Leighton, M.D. completed a Medical Source Statement Concerning the Nature and Severity of an Individual’s Physical Impairment form in March 2014. AR 827. In reviewing Plaintiffs medical history, Dr. Leighton concluded that Plaintiff has not been capable of performing sustained sedentary or light work on a regular and continuing basis, i.e. 8 hours a day, 5 days a week, or an equivalent work schedule. AR 827-828. Dr. Leighton also found that Plaintiff had moderate limitation in the ability to perform activities within a schedule, maintain regular attendance and be punctual within customary tolerances and that Plaintiffs ability to complete a normal workday and workweek without interruptions and at a consistent pace without unreasonable frequency and duration of rest periods was severely limited. AR 829.

On March 17, 2014, Plaintiffs mental health counselor, Joni Yacoe, MA, MFT, described her treatment of Plaintiff in a [1125]*1125letter and the results of interviews that Ms. Yacoe conducted with Plaintiff. AR 881. After administering the adverse childhood experiences (ACE) test to Diana, Ms. Yacoe concluded that Plaintiff had a score of four, which indicates an increased risk of both emotional and physical illness. AR 831.

B. Procedural Background

Plaintiff Diana Bennett applied for Title II Social Security Disability Insurance Benefits and Title XVI Supplemental Security Income Disability benefits on April 18, 2012. AR 174. These claims were denied on September 6, 2012 and denied again upon reconsideration on May 6, 2013. AR 16. Administrative Law Judge (“ALJ”) David R. Mazzi heard Bennett’s case on March 24, 2014. AR 36. On May 22, 2014, ALJ Mazzi issued an order finding that the claimant has not been under a disability as defined under the Social Security Act. AR 30. The ALJ evaluated Bennet’s claim using the five-step ■ evaluation process for disability. See 20 C.F.R. §§ 404.1620(f) and 416.920(f).

At step one, the ALJ found that the claimant had not engaged in substantial gainful activity since December 14, 2010. AR 18. At step two, he found that claimant had the following severe' impairments: an affective mood disorder, obesity, status-post surgery of the right lower extremity, minimal degenerative disc disease of the lumbar spine, and chronic pain syndrome. Id.

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Bluebook (online)
202 F. Supp. 3d 1119, 2016 WL 4364257, 2016 U.S. Dist. LEXIS 108660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-colvin-cand-2016.