Cash v. Berryhill

356 F. Supp. 3d 1077
CourtDistrict Court, W.D. Washington
DecidedDecember 19, 2018
DocketCase No. C18-520 JCC
StatusPublished

This text of 356 F. Supp. 3d 1077 (Cash v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cash v. Berryhill, 356 F. Supp. 3d 1077 (W.D. Wash. 2018).

Opinion

John C. Coughenour, UNITED STATES DISTRICT JUDGE

Plaintiff seeks review of the denial of her applications for Supplemental Security Income and Disability Insurance Benefits. Plaintiff contends the ALJ erred by discounting the opinions of every doctor and treating provider in the record, and requests the Court remand the case for further administrative proceedings. Dkt. 9. As discussed below, the Court REVERSES the Commissioner's final decision and REMANDS the matter for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).

I. BACKGROUND

Plaintiff is currently 44 years old, has a high school education, and has worked as a cashier, general clerk, and park aide. Administrative Record (AR) 33. On December 29, 2015, plaintiff applied for benefits. AR 85. She alleges disability as of the application date. AR 24. Plaintiff's applications were denied initially and on reconsideration. AR 83, 84, 112, 113. After the ALJ conducted a hearing on October 11, 2017, the ALJ issued a decision finding plaintiff not disabled. AR 41, 24-35.

II. THE ALJ'S DECISION

Utilizing the five-step disability evaluation process,1 the ALJ found:

Step one: Plaintiff has not engaged in substantial gainful activity since the December 2015 alleged onset date.
Step two: Plaintiff has the following severe impairments: borderline personality disorder, post-traumatic stress disorder (PTSD), depressive disorder.
Step three: These impairments do not meet or equal the requirements of a listed impairment.2
Residual Functional Capacity: Plaintiff can perform work at all exertional levels. She is limited to simple, routine, repetitive tasks, with brief or occasional and superficial interaction with the public.
Step four: Plaintiff cannot perform past relevant work.
Step five: As there are jobs that exist in significant numbers in the national economy that plaintiff can perform, she is not disabled.

AR 26-34. The Appeals Council denied plaintiff's request for review, making the ALJ's decision the Commissioner's final decision. AR 1 - 4.

III. DISCUSSION

This Court may set aside the Commissioner's denial of social security *1081benefits only if the ALJ's decision is based on legal error or not supported by substantial evidence in the record as a whole. Trevizo v. Berryhill , 871 F.3d 664, 674 (9th Cir. 2017). Each of an ALJ's findings must be supported by substantial evidence. Reddick v. Chater , 157 F.3d 715, 721 (9th Cir. 1998). "Substantial evidence" is more than a scintilla, less than a preponderance, and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) ; Magallanes v. Bowen , 881 F.2d 747, 750 (9th Cir. 1989). The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving any other ambiguities that might exist. Andrews v. Shalala , 53 F.3d 1035, 1039 (9th Cir. 1995). While the Court is required to examine the record as a whole, it may neither reweigh the evidence nor substitute its judgment for that of the Commissioner. Thomas v. Barnhart , 278 F.3d 947, 954 (9th Cir. 2002). When the evidence is susceptible to more than one interpretation, the Commissioner's interpretation must be upheld if rational. Burch v. Barnhart , 400 F.3d 676, 680-81 (9th Cir. 2005).

Plaintiff contends the ALJ erred by discounting, or failing to incorporate into the RFC, the opinions of every treating, examining, and nonexamining medical source. Dkt. 9.

A treating physician's opinion is entitled to greater weight than an examining physician's opinion, and an examining physician's opinion is entitled to greater weight than a nonexamining physician's opinion. Garrison v. Colvin , 759 F.3d 995, 1012 (9th Cir. 2014). An ALJ may only reject the uncontradicted opinion of a treating or examining doctor by giving "clear and convincing" reasons. Revels v. Berryhill , 874 F.3d 648, 654 (9th Cir. 2017). Even if a treating or examining doctor's opinion is contradicted by another doctor's opinion, an ALJ may only reject it by stating "specific and legitimate" reasons. Id. The ALJ can meet this standard by providing "a detailed and thorough summary of the facts and conflicting clinical evidence, stating his interpretation thereof, and making findings." Id. (citation omitted). "The ALJ must do more than offer his conclusions. He must set forth his own interpretations and explain why they, rather than the doctors', are correct." Reddick

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356 F. Supp. 3d 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cash-v-berryhill-wawd-2018.