Gregory Hostrawser v. Michael Astrue

364 F. App'x 373
Court of Appeals for the Ninth Circuit·Decided February 5, 2010·No. 08-17474·Unpublished·Cited by 6 cases

Opinions

[375] MEMORANDUM *

Gregory Hostrawser appeals the district court’s summary judgment in favor of the Commissioner of Social Security (“Commissioner”) affirming the denial of Hostrawser’s application for disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand for an award of benefits.

We review the district court’s decision in a social security case de novo. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007). The Social Security Administration’s (“SSA”) disability determination is upheld unless it contains legal error or is not supported by substantial evidence. Id. Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir.2008). We consider the entire record as a whole and may not affirm simply by isolating “a specific quantum of supporting evidence.” Orn, 495 F.3d at 630.

In determining whether an applicant is disabled, the Administrative Law Judge (“ALJ”) must perform a five-step sequential analysis until a finding of disability is affirmatively rejected or established. 20 C.F.R. § 404.1520(a). At the first step, the applicant’s work activity, if any, is considered. Id. At the second and third steps, the medical severity of the applicant’s impairment(s) is considered. Id. At the fourth step, the SSA considers its assessment of the applicant’s residual functional capacity and past relevant work. Id. At the fifth and last step, the SSA considers its assessment of the applicant’s residual functional capacity and his/her age, education, and work experience. Id. An individual is determined to be under a disability “if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy....” 42 U.S.C. § 423(d)(2)(A); Reddick v. Chater, 157 F.3d 715, 721 (9th Cir.1998).

At the third step of the analysis in the present case, the ALJ found that Hostraw-ser has the residual functional capacity to perform light work. In doing so, the ALJ gave little weight to Hostrawser’s treating physicians, but significant weight to the Commissioner’s non-treating physicians. The ALJ also found Hostrawser’s subjective symptom testimony not to be credible. At step five, the ALJ found Hostrawser not disabled within the meaning of the Social Security Act. At issue is whether the ALJ erred in disregarding the opinions of Hostrawser’s physicians and Hostraw-ser’s testimony. We find this to be the case.

I. Weight Assigned to the Opinions of Claimant’s Treating Physicians

The opinions of the applicant’s treating physicians are entitled to more weight than the opinions of doctors who do not treat the claimant. See 20 C.F.R. § 404.1527(d)(2); Orn, 495 F.3d at 631-32. Only if there is substantial evidence in the record contradicting the opinion of the treating physicians are their opinions no longer entitled to controlling weight. Orn, 495 F.3d at 632; see also SSR No. 96-2p, 1996 SSR LEXIS 9, at *1-2. Even so, a treating physician’s opinion is still entitled to deference. Id. If an ALJ decides to [376] disregard the opinion of the treating physicians, he or she must make findings setting forth detailed, legitimate reasons for doing so and not simply offer his or her own conclusions. Orn, 495 F.3d at 632.

Here, Hostrawser’s three treating physicians found him incapable of working at all. Two specifically found him incapable of performing even sedentary level work on a sustained basis because of Hostraw-ser’s chronic back problem. The physicians also noted Hostrawser’s separate leg pain issue, noting that medication for that had made his life bearable. The physicians also recommended that Hostrawser lose weight. These doctors’ reasoned, detailed conclusions were based on several medical examinations of both Hostrawser’s leg and back issues over, in the case of one doctor, eight months and eighteen office visits. Nonetheless, the ALJ gave little weight to the opinions of these treating physicians as well as a state agency medical consultant who also found Hostrawser disabled.

Instead, the ALJ gave significant weight to two of the Commissioner’s non-teating physicians. One of these saw Hostrawser only once and stated his difficulty in providing any diagnosis of Hostrawser. Regardless, this doctor concluded that Hos-trawser was not disabled by checking off a number of boxes on a pre-filled form without listing any reasons for each of the conclusions.

Another of the Commissioner’s non-treating physicians, Dr. Fujikami, never personally examined Hostrawser, but instead relied solely on documentation provided by a third non-treating doctor who noted Hostrawser’s constant back pain and decreased range of the lumbar spine, but also commented that Hostrawser was able to perform some simple physical functions. Dr. Fujikami copied most of these findings onto a pre-filled form without providing separate explanations for his conclusion that Hostrawser was not disabled. All three non-treating doctors focused unduly on Hostrawser’s obesity and leg pain, although the problem for which he sought disability benefits was his back pain.

These scant conclusions of the non-treating physicians do not constitute substantial evidence of clear and convincing reasons to reject the reasoned opinions of Hostraw-ser’s treating doctors, who were thoroughly familiar with Hostrawser’s medical problems and who unanimously found him unable to work. Their conclusions were thus entitled to controlling weight. Ora, 495 F.3d at 631-32.

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Gregory Hostrawser v. Michael Astrue, 364 F. App'x 373 (9th Cir. 2010).

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