Conley v. Colvin

274 F. Supp. 3d 1119
CourtDistrict Court, D. Oregon
DecidedApril 6, 2017
DocketCiv. No. 3:15-CV-02045
StatusPublished
Cited by1 cases

This text of 274 F. Supp. 3d 1119 (Conley v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conley v. Colvin, 274 F. Supp. 3d 1119 (D. Or. 2017).

Opinion

OPINION AND ORDER

Michael McShane, United States District Judge

Plaintiff Jennifer Conley filed her application for disability insurance benefits and supplemental security income benefits on September 28, 2011. Tr. 131 After a hearing, the administrative law judge (ALJ) issued a written decision finding Conley not disabled. Tr. 13-26.

Conley brings this action for judicial review of the Commissioner’s decision denying her application for disability insurance benefits and supplemental security income [1121]*1121benefits. This Court has jurisdiction under 42 TJ.S.C. §§ 405(g) and 1383(c)(3). Because the ALJ erred in failing to conclude Conley met the step three listing for intellectual disability, the ALJ’s decision is REVERSED.

STANDARD OF REVIEW

The reviewing court shall affirm the Commissioner’s decision if the decision is based on proper legal standards and the legal findings are supported by substantial evidence in the record. 42 U.S.C. § 405(g); Batson v. Comm’r for Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004). “Substantial evidence is ‘more than a mere scintilla but less than á preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chafer, 108 F.3d 978, 980 (9th Cir. 1997)). To determine whether substantial evidence exists, the court reviews the ád-ministrative record as a whole, weighing both the evidence that supports and that which detracts from the ALJ’s decision. Davis v. Heckler, 868 F.2d 323, 326 (9th Cir. 1989).

DISCUSSION

The Social Security Administration utilizes a five step sequential evaluation to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520 &■ 416.920. The initial burden of proof rests upon the claimant to meet the first , four steps, if the claimant satisfies her burden with respect to the first four steps, the burden shifts to the Commissioner for step five. 20 C.F.R. § 404.1520. At step five, the Commissioner’s burden is to demonstrate that the claimant is capable of making, an adjustment to other work after considering the claimant’s residual functional capacity (RFC), age, education, and work experience. Id.

At step three, the ALJ determined that Conley had severe impairments of a specific learning disorder, bipolar disorder, chronic back pain, and obesity. Tr. 15. However, the ALJ determined that these severe impairments did not meet one-of the listed impairments in 20- C.F.R. § 404, subpt. P, app.. 1. Tr. 16. Specifically, the ALJ determined Conley did not meet the criteria of listing 12.05. Tr. 17-18.

Listing 12.05 sets the standard for establishing an intellectual disability. It states that “[¡Intellectual disability refers to significantly subaverage general intellectual functioning with deficits in adaptive functioning initially manifested during the developmental period; i.e., the evidence demonstrates or supports onset of the impairment before age 22.” 20 C.F.R. 404 Subpart P, Appendix 1. In addition to establishing the first prong, a claimant must establish one of four requirements establishing the severity level of the intellectual disability. See 12.05(A-D). At issue here is 12.05C, which requires “[a] valid verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing an additional and significant'.work-related limitation of function.”

The ALJ found that Conley did not meet listing 12.05C because Conley “does not have a valid verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing an additional and significant work-related limitation.” Tr. 17. Further, the ALJ noted that Conley has higher adaptive functioning than her IQ score suggests because she has worked in the past, cares for her autistic daughter, and performs daily chores. Tr. 18. The Commissioner agues that the ALJ’s conclusion was reasonable and supported by substantial evidence.21 disagree.

[1122]*1122A.Valid IQ Score

An ALJ is free to reject a claimant’s IQ score if it is invalid; however, the ALJ must explicitly reject the IQ score and have substantial evidence for doing so, Stokes v. Astrue, 2011 WL 285224 at *8-9, 2011 U.S. Dist. LEXIS 7154 at *25 (D. Or. Jan. 4, 2011). The Ninth Circuit has not specifically addressed what evidence an ALJ can rely on in rejecting,an IQ score, but suggests that the ALJ can rely on improper testing conditions or activities that suggest a higher score. Thresher v. Astrue, 283 Fed.Appx. 473, 475 n.6 (9th Cir. 2008).

Here, the ALJ noted that Conley “has a verbal IQ score of 70, [but] her activities of daily living suggest that her adaptive functioning is much higher than her IQ score suggests.” Tr. 18. The ALJ conflates the 12.05 introductory 'paragraph listing with the 12.05C IQ requirement, which makes it unclear whether he is arguing that Conley does not have deficits in adaptive functioning or that Conley’s activities prove her IQ score invalid. This is not an explicit rejection of the validity of Conley’s IQ score. Stokes, 2011 WL 285224 at *8, 2011 U.S. Dist. LEXIS 7154 at *24 (stating that an ALJ “improperly rejected [a claimant’s] IQ scores because he never explicitly commented on their validity.”). This position is bolstered by the fact that the Commissioner failed to present any arguments in briefing about the ALJ rejecting the validity of Conley’s IQ score. In fact, the Commissioner only presented an argument about adaptive-functioning in relation to Conley’s IQ scores. Defis Reply 3-4, ECF No. 18. Since the ALJ failed to explicitly reject Conley’s verbal comprehension score of 70, she satisfies the first requirement of 12.05C.

B. Physical or Mental Impairment Imposing an Additional and Significant Work-Related Limitation

The ALJ found that Conley did not have á physical or mental impairment imposing an additional and significant work-related. limitation under 12.05C. Tr. 17. This finding is erroneous as a matter of law. A finding of a severe impairment at step-two of an ALJ’s sequential analysis is a per se finding of a physical or mental impairment imposing an additional and significant work-related limitation under 12.05C. McGrew v, Colvin, 2015 WL 1393291 at *5, 2015 U.S. Dist. LEXIS 37372 at *11 (D. Or. March 25, 2015). The ALJ found at step two of his sequential analysis that Conley has severe impairments of “specific learning disorder/other neurodevelopmental disorder, bipolar disorder, chronic back pain, and obesity.” Tr. 15, Because of these findings by the ALJ, Conley meets the additional and significant work-related limitation requirement under Í2.05C.

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274 F. Supp. 3d 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conley-v-colvin-ord-2017.