Carrillo v. Bowen

636 F. Supp. 97, 1986 U.S. Dist. LEXIS 28636
CourtDistrict Court, D. Arizona
DecidedMarch 3, 1986
DocketNo. CIV 84-823 PHX EHC
StatusPublished
Cited by1 cases

This text of 636 F. Supp. 97 (Carrillo v. Bowen) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carrillo v. Bowen, 636 F. Supp. 97, 1986 U.S. Dist. LEXIS 28636 (D. Ariz. 1986).

Opinion

ORDER

CARROLL, District Judge.

Plaintiff is a forty year-old male, a lifelong manual laborer who had a heart attack April 24, 1982. Subsequently he underwent double by-pass cardiac surgery May 11, 1982. On March 14, 1983 Plaintiff filed an application with the Secretary of Health and Human Services for determination of a period of disability and disability benefits.

Almost three years later this Court must decide for a third time whether the Secretary has acted upon this claim in a manner consistent with substantial evidence and applicable legal principles.

A review of how this case has reached its present posture is in order. As noted, Plaintiff filed his claim with the Secretary March 14, 1983. The claim moved through the review process and was denied, first by notice and then after a hearing before an Administrative Law Judge. The latter denial was issued November 10, 1983. The Appeals Council subsequently approved the ALJ’s decision April 11, 1984. Plaintiff within a month initiated this action. A response and cross motions for summary judgment were filed and oral argument on those motions were heard. The issue before this Court was whether the ALJ had presented “clear and convincing reasons for rejecting uncontroverted reports” submitted by the Plaintiff. Montijo v. Secretary of Health & Human Services, 729 F.2d 599, 601 (9th Cir.1984).

Prior to the ALJ hearing claimant was examined by Dr. Gary Decker, a psychologist, who found that:

The predictive testing suggests a somatization disorder with anxiety and conflicts being internalized with an increase in sensations of pain and displeasure. Difficulties with workers would frequently be internalized, with Mr. Carrillo reporting severe chest pain and dizziness necessitating leaving a job site____ Considering his lack of psychological insight and poor motivation, his prognosis for change is considered to be very guarded. Therefore, Mr. Carillo is seen as non-competitively employable at this time or in the foreseeable future.

Transcript of Proceedings 216-17.

The ALJ found that Dr. Decker’s assessment was “totally unsupported by objective signs and findings.” Transcript at 48. Based upon a November 12, 1982 test showing “only mild impairment of functional capacity, no evidence of myocardial ischemia, no chest pain, and possible inferi- or wall aneurysm” and that, in the ALJ’s opinion, “claimant’s testimony did not indicate either symptoms or signs of any functional, mental impairment,” the ALJ found against the claimant. Id.

The ALJ’s decision did not withstand the test of Montijo. He failed to set forth “clear and convincing reasons” for rejecting the Plaintiff’s testimony or the evidence presented on Plaintiff’s behalf. The ALJ focused on the physical side of Plaintiff’s claim and rejected, in a conclusionary fashion, the mental impairment aspects of the claim. This he could not do. See Bilby v. Schweiker, 762 F.2d 716, 719 (9th Cir. 1985); Jones v. Heckler, 760 F.2d 993, 997 (9th Cir.1985). The record, taken as a whole, did not contain substantial evidence supporting what ultimately became the de[99]*99cisión of the Secretary. Therefore, this Court remanded the case to the Secretary citing Montijo and stating in pertinent part that the Secretary had “failed to meet her burden of proof in presenting clear and convincing reasons for rejecting uncontroverted reports.” This December 12, 1984 order concluded by remanding the case to the Secretary for “further proceedings consistent herewith.”

Following the remand the Appeals Council, on February 27, 1985 forwarded the matter for an administrative hearing. After having Plaintiff examined by two psychiatrists, the AU found that Plaintiff had some medical and mental impairments. The ALJ’s decision adopted and incorporated Proposed Findings of Fact and Conclusions of Law prepared by Plaintiff. Transcript at 387. Plaintiff’s mental impairments were found to “effectively preclude him from returning to any relevant past work or performing any other work related activities on a regular and continuing basis.” Id. at 396.

While the claim was pending before the ALJ the Secretary adopted new regulations regarding mental impairments. On November 29, 1985 the Appeals Council, having received the ALJ’s favorable findings, remanded the claim back to the ALJ for a redetermination with respect to the revised mental impairment regulations. On December 23, 1985 this Court entered an order finding that the revised mental impairment regulations were inapplicable to Plaintiff’s claim. The Court further directed that the Appeals Council within 20 days either affirm or reverse the favorable finding of the ALJ. If the Council reversed the ALJ’s finding it was ordered to make specific findings of fact as to what evidence in the record controverted the ALJ’s conclusion. The Appeals Council issued its decision on January 15, 1986 denying Plaintiff disability insurance benefits.

The Council states that “[i]n arriving at its final decision [it] is of the opinion that greater probative value must be given to the reports of Dr. Sharma, a psychiatrist (Exhibit 39), and Dr. George, a psychologist (Exhibit 38), rather than that of Dr. Decker, a psychologist (Exhibit 22).” Transcript at 230. The Council discounts the Decker report as being submitted by Plaintiff and having been prepared as part of the disability claims process. It also characterizes the Sharma report has being the result of Dr. Sharma’s “thorough examination” of Plaintiff and reflective of the Plaintiff's “true mental status.” Id.

The Council’s position that Dr. Decker’s report is not entitled to the same credibility as its experts does not withstand close scrutiny. Neither Dr. Sharma nor Dr. George are “treating medical sources”, a criticism of Dr. Decker. Id. Like Dr. Decker their examinations were “performed for the purpose of determining eligibility for social security benefits.” Id. Attacks on a claimant’s physicians as to their credibility must be supported by evidence as to a lack of general qualifications. Montijo, 729 F.2d at 602. Neither can “[t]he Secretary ... insulate ultimate conclusions regarding disability from review by turning them into questions of ‘credibility’.” Jones v. Heckler, 760 F.2d at 997. Nor does a reading of the three reports support a conclusion as to which, if any, are the product of a more thorough examination. If any quantitative conclusion can be reached it is that the Decker and George reports, citing numerous testing activities, reflect a more extensive interaction with and assessment of the Plaintiff. The Sharma report is based on a single interview. At most then the three reports are of equal weight. They are also very similar in their findings.

Dr. Decker, a psychologist, found that: The predictive testing suggests a somatization disorder with anxiety and conflicts being internalized with an increase in sensations of pain and displeasure. Difficulties with workers would frequently be internalized, with Mr.

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772 F. Supp. 522 (E.D. Washington, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
636 F. Supp. 97, 1986 U.S. Dist. LEXIS 28636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrillo-v-bowen-azd-1986.