Grim v. Colvin

128 F. Supp. 3d 1220, 2015 U.S. Dist. LEXIS 118489, 2015 WL 5174193
CourtDistrict Court, D. Arizona
DecidedSeptember 4, 2015
DocketNo. CV-14-01744-PHX-NVW
StatusPublished
Cited by2 cases

This text of 128 F. Supp. 3d 1220 (Grim v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grim v. Colvin, 128 F. Supp. 3d 1220, 2015 U.S. Dist. LEXIS 118489, 2015 WL 5174193 (D. Ariz. 2015).

Opinion

ORDER

Neil V. Wake, United States District Judge.

Plaintiff Robert I. Grim seeks review under 42 U.S.C. § 405(g) of the final decision of the Commissioner of Social Security (“the Commissioner”), which denied him disability insurance benefits under sections 216(i)' and 223(d) of the Social Security Act. Because the decision of the Administrative Law Judge (“ALJ”) is not supported by substantial evidence and is based on legal error, the Commissioner’s decision will be vacated, and the matter remanded for computation of benefits.

I. BACKGROUND

Plaintiff was 42 years old on his disability onset date, has an associate’s degree in psychology, and performed skilled work as an automobile mechanic and dental laboratory technician. His disability is based primarily on multiple mental impairments, including Asperger syndrome and attention deficit disorder. He has a history of hitting himself in the head with a hammer and banging his head against a pole. Plaintiff testified that he has difficulty concentrating and completing tasks if other people are around. He further testified that he has difficulty interpreting interpersonal communications, which often results in misunderstandings and conflicts. He experiences symptoms of depression and anxiety, including sleeping too much or too little. He testified that he has suicidal thoughts at least every other week, if not more frequently, and he has been hospital[1226]*1226ized multiple times for attempting suicide. He is classified as Seriously Mentally Ill under the Maricopa County mental health care system.

On June 21, 2011, Plaintiff applied for disability insurance benefits alleging disability beginning December 23, 2010. On March 25, 2013, he appeared with his attorney and testified at a hearing before the ALJ. A vocational expert also testified.

On May 24, 2013, the ALJ issued a decision that Plaintiff was not disabled within the meaning of the Social Security Act. The Appeals Council denied Plaintiffs request for review of the hearing decision, making the ALJ’s decision the Commissioner’s final decision. On August 5, 2014, Plaintiff sought review by this Court.

II. STANDARD OF REVIEW

The district court reviews only those issues raised by the party challenging the ALJ’s decision. See Lewis v. Apfel, 236 F.3d 503, 517 n. 13 (9th Cir.2001). The court may set aside the Commissioner’s disability determination only if the determination is not supported by substantial evidence or is based on legal error. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007). Substantial evidence is more than a scintilla, less than a preponderance, and relevant evidence that a reasonable person might accept as adequate to support a conclusion considering the record as a whole. Id. In determining whether substantial evidence supports a decision, the court must consider the record as a whole and may not affirm simply by isolating a “specific quantum of supporting evidence.” Id. As a general rule, “[w]here the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ’s decision, the ALJ’s conclusion must be upheld.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002) (citations omitted); accord Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir.2012) (“Even when the evidence is susceptible to more than one rational interpretation, we must uphold the ALJ’s findings if they are supported by inferences reasonably drawn from the record.”).

III. FIVE-STEP SEQUENTIAL EVALUATION PROCESS

To determine whether a claimant is disabled for purposes of the Social Security Act, the ALJ follows a five-step process. 20 C.F.R. § 404.1520(a). The claimant bears the burden of proof on the first four steps, but the burden shifts to the Commissioner at step five. Tackett v. Apfel, 180 F.3d 1094,1098 (9th Cir.1999).

At the first step, the ALJ determines whether the claimant is engaging in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). If so, the claimant is not disabled and the inquiry ends. Id. At step two, the ALJ determines whether the claimant has a “severe” medically determinable physical or mental impairment. § 404.1520(a) (4) (ii). If not, the claimant is not disabled and the inquiry ends. Id. At step three, the ALJ considers whether the claimant’s impairment or combination of impairments meets or medically equals an impairment listed in Appendix 1 to Sub-part P of 20 C.F.R. Pt. 404. § 404.1520(a)(4)(iii). If so, the claimant is automatically found to be disabled. Id. If not, the ALJ proceeds to step four. At step four, the ALJ assesses the claimant’s residual functional capacity and determines whether the claimant is still capable of performing past relevant work. § 404.1520(a)(4)(iv). If so, the claimant is not disabled and the inquiry ends. Id. If not, the ALJ proceeds to the fifth and final step, where he determines whether the claimant can perform any other work based on the claimant’s residual functional capacity, age, education, and work experi[1227]*1227ence. § 404.1520(a)(4)(v). If so, the claimant is not disabled. Id. If not, the claimant is disabled. Id.

At step one, the ALJ found that Plaintiff last met the insured status requirements of the Social Security Act on December 31, 2011, and that he did not engage in substantial gainful activity during the period from his alleged onset date of December 23, 2010, through his date last insured of December 31, 2011. At step two, the ALJ found that, through the date last insured, Plaintiff had the following severe impairments: bipolar disorder, depression, a personality disorder, attention . deficit hyperactivity disorder, Asperger syndrome, asthma, and chronic obstructive pulmonary disorder. At step three, the ALJ determined that, through the date last insured, Plaintiff did not have an impairment or combination of impairments that meets or medically equals an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1.

At step four, the ALJ found that Plaintiff:

has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except that the claimant can frequently climb ramps, stairs and ladders. He can never climb ropes or scaffolds. He should avoid concentrated exposure to pulmonary irritants, such as odors, fumes, dusts and gases. He also should avoid hazardous environments.

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Bluebook (online)
128 F. Supp. 3d 1220, 2015 U.S. Dist. LEXIS 118489, 2015 WL 5174193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grim-v-colvin-azd-2015.