Forester v. Colvin

22 F. Supp. 3d 1117, 2014 U.S. Dist. LEXIS 71830, 2014 WL 2201027
CourtDistrict Court, D. Oregon
DecidedMay 27, 2014
DocketNo. 3:13-cv-00984-RE
StatusPublished
Cited by4 cases

This text of 22 F. Supp. 3d 1117 (Forester 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
Forester v. Colvin, 22 F. Supp. 3d 1117, 2014 U.S. Dist. LEXIS 71830, 2014 WL 2201027 (D. Or. 2014).

Opinion

OPINION AND ORDER

REDDEN, District Judge.

Plaintiff Laura Deanne Forester seeks judicial review of a final decision of the Commissioner of the Social Security Ad[1120]*1120ministration (SSA) in which she denied Plaintiffs application for Disability Insurance Benefits (DIB) under Title II of the Social Security Act and Plaintiffs application for Supplemental Security Income (SSI) under Title XVI of the Social Security Act. This Court has jurisdiction to review the Commissioner’s final decision pursuant to 42 U.S.C. § 405(g).

Following a review of the record, the Court REVERSES the decision of the Commissioner and REMANDS this matter for the calculation and payment of benefits pursuant to Sentence Four, 42 U.S.C. § 405(g).

ADMINISTRATIVE HISTORY

Plaintiff filed her applications for SSI and DIB on November 20, 2008, and alleged a disability onset date of November 1, 2008. Tr. 134.2 The applications were denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a hearing on March 1, 2011. Tr. 38-77. At the hearing Plaintiff was represented by an attorney. Plaintiff and a vocational expert (VE) testified.

The ALJ issued a decision on March 10, 2011, in which she found Plaintiff was not disabled because, although she could not perform her past relevant work, she could perform other work existing in significant numbers in the national economy as a motel house keeper or garment sorter. Tr. 29. That decision became the final decision of the Commissioner when the Appeals Council denied Plaintiffs request for review.

Plaintiff now seeks review in this Court.

BACKGROUND

Plaintiff was born in 1972, and was 38 years old on the date of the ALJ’s decision. Tr. 134. She has a Juris doctorate degree. Tr. 42. Plaintiff has past relevant work experience as a customer service supervisor and an appeals and grievance specialist. Tr. 67.

Plaintiff alleges disability due to bipolar disorder, posttraumatic stress disorder (PTSD), and Attention Deficit Disorder (ADD). Tr. 165.

STANDARDS

The initial burden of proof rests on the claimant to establish disability. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). To meet this burden, a claimant must demonstrate her inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which ... has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). The ALJ must develop the record when there is ambiguous evidence or when the record is inadequate to allow for proper evaluation of the evidence. McLeod v. Astrue, 640 F.3d 881, 885 (9th Cir.2011) (quoting Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir.2001)).

The district court must affirm the Commissioner’s decision if it is based on proper legal standards and the findings are supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g). See also Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157, 1161 (9th Cir.2012). Substantial evidence is “relevant evidence that a reasonable mind might accept as adequate to support a conclusion.” Molina, 674 F.3d. at 1110-11 (quoting Valentine v. Comm’r Soc. Sec. Admin., 574 [1121]*1121F.3d 685, 690 (9th Cir.2009)). It is more than a mere scintilla [of evidence] but less than a preponderance. Id. (citing Valentine, 574 F.3d at 690).

The ALJ is responsible for determining credibility, resolving conflicts in the medical evidence, and resolving ambiguities. Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir.2009). The court must weigh all of the evidence whether it supports or detracts from the Commissioner’s decision. Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir.2008). Even when the evidence is susceptible to more than one rational interpretation, the court must uphold the Commissioner’s findings if they are supported by inferences reasonably drawn from the record. Ludwig v. Astrue, 681 F.3d 1047, 1051 (9th Cir.2012). The court may not substitute its judgment for that of the Commissioner. Widmark v. Barnhart, 454 F.3d 1063 (9th Cir.2006).

ALT’S FINDINGS

At Step One the ALJ found Plaintiff has not engaged in substantial gainful activity since her November 1, 2008, onset date. Tr. 23.

At Step Two the'ALJ found Plaintiff had the severe impairments of “bipolar disorder, posttraumatic stress disorder, attention deficit hyperactivity disorder, and obstructive sleep apnea.” Id.

At Step Three the ALJ concluded Plaintiffs impairments do not meet or equal the criteria for any Listed Impairment from 20 C.F.R. part 404, subpart P, appendix 1. The ALJ found Plaintiff had the RFC to perform light work “limited to simple, routine tasks with superficial public and coworker contact. She should have goal oriented work rather than production assembly pace work.” Tr. 25.

At Step Four the ALJ concluded Plaintiff was not able to perform her past relevant work as a customer service supervisor and appeals/grievance specialist. Tr. 28.

At Step Five the ALJ found Plaintiff could perform other jobs that exist in significant numbers in the national economy, including motel housekeeper and garment sorter.

DISCUSSION

Plaintiff contends the ALJ erred by (1) finding Plaintiff less than fully credible; and (2) when she improperly rejected the opinion of treating physician Philip Bolton, M.D.

I. Credibility

The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and for resolving ambiguities. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995). See also Vasquez v. Astrue, 547 F.3d 1101, 1104 (9th Cir.2008). The ALJ’s findings, however, must be supported by specific, cogent reasons. Reddick v. Chater, 157 F.3d 715, 722 (9th Cir.1998). See also Holohan v. Massanari,

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22 F. Supp. 3d 1117, 2014 U.S. Dist. LEXIS 71830, 2014 WL 2201027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forester-v-colvin-ord-2014.