Gartzke v. Colvin

129 F. Supp. 3d 1040, 2015 U.S. Dist. LEXIS 118666, 2015 WL 5178709
CourtDistrict Court, D. Oregon
DecidedSeptember 3, 2015
DocketCiv. No. 6:14-cv-00806-MC
StatusPublished
Cited by2 cases

This text of 129 F. Supp. 3d 1040 (Gartzke 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
Gartzke v. Colvin, 129 F. Supp. 3d 1040, 2015 U.S. Dist. LEXIS 118666, 2015 WL 5178709 (D. Or. 2015).

Opinion

OPINION AND ORDER

McSHANE, District Judge:

Plaintiff Francia M. Gartzke brings this action for judicial review of the Commissioner’s decision denying her application for supplemental security income and disability insurance benefits. This Court has jurisdiction under 42 U.S.C. §§ 405(g) and 1383(c)(3).

Gartzke, now ,48 years old, alleges she became disabled on April 1, 20031 due to mental impairments. After a hearing, the administrative law judge (ALJ) determined Gartzke is not disabled. TR 28.2 The ALJ erred in rejecting the opinion of Dr. Ryan Scott, the examining psychologist; and in rejecting the law witness testimony of Paula Rowe. The Commissioner’s decision is REVERSED and this matter is remanded for calculation of benefits.

BACKGROUND

Gartzke was sexually abused as a child. She claims to have too much anxiety to work, rendering her unable to stay on task more than, 30 minutes without taking a break. After 30 minutes, she becomes very impatient with the task and feels like darting from the room and not returning.

Gartzke had a previous period of disability from September 1990 through January 2001, which she voluntarily ended in order [1043]*1043to return to work. Gartzke then worked two years as a grocery store cashier. Gartzke explains she has anger management issues which cause her to be impatient and affect her mood. She fears people will fire her from a job or treat her badly. These fears led Gartzke to quit her job as a cashier in 2003. Gartzke also has work experience as a caregiver, and a list of odd jobs she performed for very short periods of time, such- as raking' leaves, walking dogs, and baking pies.

She is a high school graduate" and attended college for two years before dropping out in 2008 ‘ because she could not pass a required math course. About five times a month, her anxiety caused her to leave school before the end of the day.

She uses public transportation but occasionally becomes disoriented upon exiting the bus. Gartzke generally does not like to be around people. When she sees her boyfriend, they go to one of their homes rather than to a public place. Gartzke suffers from flashbacks on a daily basis which take her anywhere from a few minutes to half an hour to recover from. She has terrifying.nightmares and claims to be hypervigilant. Gartzke does not get along well with authority’figures such as landlords and supervisors.

Gartzke lives alone in an apartment with her cat. She admits to hygiene problems caused by a failure to bathe of wash her clothes. She often has breakfast at a food kitchen run by a church, and then takes a bus to the library where she spends about two hours a day. Gartzke does her own shopping about three times a month, taking as long as two hours per trip. She watches television and browses the internet nearly every day. Gartzke also has contact, nearly every day with Paula Rowe, her friend of twenty years.

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 of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). “Substantial evidence is ‘more than a niere scintilla but less than a 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. Chater, 108 F.3d 978, 980 (9th Cir.1997)). To determine whether substantial evidence exists, we review the administrativé record as a whole, weighing both the evidence that supports and that which detracts from the ALJ’s conclusion. Davis v. Heckler, 868 F.2d 323, 326 (9th Cir.1989). “If the evidence can reasonably support either affirming or reversing, ‘the reviewing court may not substitute its judgment’ for that of the Commissioner.” Gutierrez v. Comm’r of Soc. Sec. Admin., 740 F.3d 519, 523 (9th Cir.2014) (quoting Reddick v. Chater, 157 F.3d 715, 720-21 (9th Cir.1998)).

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 (2012). The initial burden of proof rests upon the claimant to meet the first four steps. If claimant .satisfies his or 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 [1044]*1044(RFC), -age, education, and work experience. Id.

At step two, the ALJ found Gartzke had severe impairments of mild degenerative disc disease, major depressive disorder, and post traumatic stress disorder (“PTSD”). TR 19. The ALJ found Gartzke had the RFC to perform medium work with the following limitations: she can understand, remember, and carry out simple, repetitive tasks on a constant basis; she can perform more complex tasks occasionally on an intermittent basis; and she can engage in no more than occasional, brief interactions with the public and coworkers. TR 21. A vocational expert testified that a person with the RFC as stated by the ALJ could work as a cleaner/housekeeper, hand-packager, and laundry sorter. Therefore, the ALJ determined plaintiff was not disabled under the Social Security Act. TR 28.

Gartzke argues the ALJ erred in rejecting the opinion of Dr. Scott, her examining psychologist, in finding Gartzke not credible, and in rejecting lay witness testimony. With respect to Dr. Scott’s opinion and the lay witness testimony, I agree.

The record demonstrates Gartzke suffers from significant mental impairments. While Gartzke’s physical impairments do not prevent her from working, the record points to the conclusion that as of her March 2, 2011 appointment with Dr. Scott, Gartzke’s mental impairments prevented her from sustaining full-time employment.

The ALJ erred in elevating the opinions of the reviewing psychologists above the opinion of the examining psychologist. Essentially, the reviewing psychologists attempted to interpret Dr.

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129 F. Supp. 3d 1040, 2015 U.S. Dist. LEXIS 118666, 2015 WL 5178709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gartzke-v-colvin-ord-2015.