Duncan v. Commissioner of Social Security

District Court, W.D. Washington·Decided July 28, 2025·No. 3:25-cv-05050·Unknown

Opinion

UNITED STATES DISTRICT COURT AT TACOMA BIRKE D., Case No. 3:25-cv-05050-TMC Plaintiff, ORDER REVERSING DENIAL OF BENEFITS AND REMANDING FOR v. FURTHER PROCEEDINGS COMMISSIONER OF SOCIAL SECURITY, Defendant.

Plaintiff Birke D. seeks review of the denial of his application for Social Security Disability Insurance Benefits (“DIB”). Plaintiff alleges that the Administrative Law Judge (“ALJ”) erred by failing to properly evaluate the medical opinion evidence. See generally Dkt. 6. After reviewing the record, the Court concludes that the ALJ erred in finding that Plaintiff is not disabled. The Court accordingly REVERSES the Commissioner’s final decision and REMANDS the case for further proceedings. Plaintiff’s DIB application under 42 U.S.C. § 423 (Title II) was denied both on initial review and on reconsideration. Dkt. 4, Administrative Record (“AR”) 14, 1. Plaintiff requested a hearing regarding his application, which was held before the ALJ on November 22, 2023. AR 33–64. On February 28, 2024, the ALJ issued a written decision, finding that Plaintiff was not disabled under the Social Security Act. AR 17–28. Plaintiff sought review from the Appeals Council, which was denied. AR 1. The Appeals Council concluded that Plaintiff’s reasons for challenging the ALJ’s decision did not provide a basis for changing the outcome of the decision.

AR 1–2. Plaintiff filed a complaint in this Court on January 20, 2025. Dkt. 1. Defendant filed the sealed Administrative Record on March 21, 2025. Dkt. 4. Defendant responded. Dkt. 8. The case is ripe for the Court’s consideration. Plaintiff was born on April 10, 1967, and was 54 years old on the alleged date of disability onset of August 18, 2021.1 AR 39. Plaintiff completed his college education at the University of Washington in 1997. AR 197. Plaintiff was employed as a salesman at different toy retailers from March 2014 to December 2020. AR 197, 213–22. Plaintiff’s most recent job was working part-time as an Activities Assistant at Brookdale Montclair Poulsbo, an assisted living facility, for one week from June 23, 2021 to June 30, 2021. AR 261. Plaintiff left that position because of mental health challenges that Plaintiff stated made it difficult to work and function. AR 42. According to the ALJ, Plaintiff suffers from the following severe impairment: depressive disorder with history of psychotic features. AR 19. Despite this impairment, the ALJ found that Plaintiff had the following residual function capacity (“RFC”): able to understand, remember and carry out simple, repetitive work; with standard work breaks provided; working away from the general public; occasional, superficial interaction with co-workers and supervisors; and occasional, routine workplace changes.

1 The alleged date of disability onset was initially filed as August 20, 2020, see AR 65, but Plaintiff’s counsel moved to amend the date to August 18, 2021 during his hearing with the ALJ. AR 38–39. AR 21. Relying on the analysis of the vocational expert, the ALJ concluded that there were jobs in the national market that Plaintiff could perform: laundry worker, stores laborer, and

automobile detailer. AR 27. Pursuant to 42 U.S.C. § 405(g), this Court may set aside the Commissioner’s denial of social security benefits if the ALJ’s findings are based on legal error or not supported by substantial evidence in the record as a whole. Bayliss v. Barnhart, 427 F.3d 1211, 1214 n.1 (9th Cir. 2005) (citing Tidwell v. Apfel, 161 F.3d 599, 601 (9th Cir. 1999)). Plaintiff alleges that the ALJ improperly evaluated the medical source opinions of Joel Mitchell, Ph.D., and David Widlan, Ph.D. Dkt. 6 at 1. A. Medical Opinion Evidence ALJs must consider every medical opinion in the record and evaluate each opinion’s persuasiveness, with the two most important factors being “supportability” and “consistency.” Woods v. Kijakazi, 32 F.4th 785, 791 (9th Cir. 2022); 20 C.F.R. §§ 404.1520c(a), 416.920c(a). Supportability concerns how a medical source supports a medical opinion with relevant evidence, while consistency concerns how a medical opinion aligns with other evidence from medical and nonmedical sources. Woods, 32 F.4th at 791–92; see also 20 C.F.R. §§ 404.1520c(c)(1)–(c)(2); 416.920c(c)(1)–(c)(2). “[A]n ALJ cannot reject an examining or treating doctor’s opinion as unsupported or inconsistent without providing an explanation supported by substantial evidence.” Woods, 32 F.4th at 792. Although ALJs “should endeavor to use these two terms of art—‘consistent’ and ‘supported’—with precision,” such exactness is not required when the ALJ’s meaning is “clear from context.” Id. at 793 n.4. Finally, an ALJ’s finding that a medical opinion lacks either consistency or supportability is enough to find an opinion unpersuasive. See id. at 792–94 (upholding finding that medical opinion was unpersuasive where ALJ found opinion inconsistent but supported). “A physician’s opinion of disability premised to a large extent upon the claimant’s own

account of his symptoms and limitations may be disregarded where those complaints have been properly discounted.” Morgan v. Comm'r of Soc. Sec. Admin., 169 F.3d 595, 602 (9th Cir. 1999) (citation modified). However, “the rule allowing an ALJ to reject opinions based on self-reports does not apply in the same manner to opinions regarding mental illness.” Buck v. Berryhill, 869 F.3d 1040, 1049 (9th Cir. 2017). “Psychiatric evaluations may appear subjective, especially compared to evaluation in other medical fields. Diagnoses will always depend in part on the patient’s self-reports, as well as on the clinical observations of the patient. But such is the nature of psychiatry.” Id. Thus, professional clinical interviews and mental status examinations are considered “objective measures and cannot be discounted as a ‘self-report.’” Id.

1. Joel Mitchell, Ph.D. On May 10, 2022, Dr. Mitchell performed a psychological consultative exam. AR 421– 27. As a part of the evaluation, Dr. Mitchell reviewed medical records from Dr. Hoffman, Plaintiff’s treating physician, and Plaintiff’s self-report. AR 423–25. Dr. Mitchell also conducted a mental status evaluation and a clinical interview. Id. Dr. Mitchell opined that “claimant would have substantial difficulty accepting instructions from supervisors at this time” and “claimant would have substantial difficulty maintaining regular attendance and completing a typical workday or workweek without interruptions from a psychiatric condition at this time.” AR 426– 27. He also stated that based on the clinical interview and medical records, Plaintiff would have “substantial difficulty interacting with co-workers and the public[.]” AR 426.

The ALJ found Dr. Mitchell’s opinion unpersuasive because it was largely based on Plaintiff’s “allegedly diagnosed panic, obsessive-compulsive disorder, and schizotypal personality disorder . . . unsupported by exam and the longitudinal records and inconsistent with the assessment of long-time treating physician Dr. Hoffman, who diagnosed and treated the claimant solely for a depressive disorder.” AR 24–25. The ALJ found Dr. Mitchell’s opinion that

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