Groom v. Colvin

222 F. Supp. 3d 915, 2016 U.S. Dist. LEXIS 163307, 2016 WL 6963034
CourtDistrict Court, D. Oregon
DecidedNovember 28, 2016
DocketCase No. 1:15-cv-02103-SI
StatusPublished

This text of 222 F. Supp. 3d 915 (Groom 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
Groom v. Colvin, 222 F. Supp. 3d 915, 2016 U.S. Dist. LEXIS 163307, 2016 WL 6963034 (D. Or. 2016).

Opinion

OPINION AND ORDER

Michael H. Simon, United States District Judge

John Groom (“Plaintiff’) applied for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). The final decision of the Commissioner of the Social Security Administration (“Commissioner”) held that Plaintiffs disability began August 1, 2014, which was after Plaintiffs date last insured. Thus, the Commissioner denied Plaintiffs application for DIB and granted his application for SSI beginning on August 1, 2014. Plaintiff seeks review of this final decision by the Commissioner. Plaintiff argues he was disabled before his date last insured, and that he is thus entitled to DIB and SSI. For the following reasons, the Commissioner’s decision is reversed and remanded for an award of benefits.

STANDARD OF REVIEW

The district court must affirm the Commissioner’s decision if it is based on the proper legal standards and the findings are supported by substantial evidence. 42 U.S.C. § 405(g); see also Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir. 1989). “Substantial evidence” means “more than a mere scintilla but less than a preponderance.” Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222 (9th Cir. 2009) (quoting Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995)). It means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Andrews, 53 F.3d at 1039).

Where the evidence is susceptible to more than one rational interpretation, the Commissioner’s conclusion must be upheld. Burch v. Barnhart, 400 F.3d [918]*918676, 679 (9th Cir. 2005). Variable interpretations of the evidence are insignificant if the Commissioner’s interpretation is a rational reading of the record, and this Court may not substitute its judgment for that of the Commissioner. See Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193, 1196 (9th Cir. 2004). “[A] reviewing court must consider the entire record as a whole and may not affirm simply by isolating a specific quantum of supporting evidence.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007) (quoting Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir. 2006) (quotation marks omitted)). A reviewing court, however, may not affirm the Commissioner on a ground upon which the Commissioner did not rely. Id.; see also Bray, 554 F.3d at 1226.

BACKGROUND

A. Plaintiff’s Application

Plaintiff based his disability allegations on a combination of impairments, including asthma, chronic obstructive pulmonary disease (“COPD”), complex sleep apnea, a history of hydrocephalus1 with shunt placement, an arachnoid cyst of the cerebellum, major depressive disorder, anxiety disorder with dermatillomania,2 a neuro-cognitive disorder, and migraines AR 40, 45, 254. Plaintiff was diagnosed with a hydrocephaly at the age of one and had a shunt placed in his brain at the age of two. AR 346. Plaintiff had the shunt replaced in 1999. AR 300.

Plaintiff filed an application for both DIB and SSI on September 3, 2012, alleging disability as of March 12, 2012. AR 39. Plaintiff was 42 years old at the alleged disability onset date. AR 476. In February 2015, the ALJ issued a partially favorable decision, finding Plaintiff disabled beginning on August 1, 2014. The ALJ held, however, that Plaintiff failed to meet his burden of proving disability before the date last insured, March 31, 2014. AR 12-13. Plaintiff appealed the ALJ’s conclusion that Plaintiff was not disabled before August 1, 2014. The Appeal’s Counsel denied Plaintiffs request for review on September 10, 2015, making the ALJ’s decision the final decision of the Commissioner. AR 1. Plaintiff now seeks judicial review of that decision.

B. The Sequential Analysis

A claimant is disabled if he or she is unable 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). “Social Security Regulations set out a five-step sequential process for determining whether an applicant is disabled within the meaning of the Social Security Act.” Keyser v. Comm’r Soc. Sec. Admin., 648 F.3d 721, 724 (9th Cir. 2011); see also 20 C.F.R. §§ 404.1520 (DIB), 416.920 (SSI); Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). Each step is potentially dispositive. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The five-step sequential process asks the following series of questions:

1. Is the claimant performing “substantial gainful activity?” 20 C.F.R. [919]*919§§ 404.1520(a)(4)(i), 416.920(a)(4)(i). This activity is work involving significant mental or physical duties done or intended to be done for pay or profit. 20 C.F.R. §§ 404.1510, 416.910. If the claimant is performing such work, she is not disabled within the meaning of the Act. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). If the claimant is not performing substantial gainful activity, the analysis proceeds to step two.
2. Is the claimant’s impairment “severe” under the Commissioner’s regulations? 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(h). An impairment or combination of impairments is “severe” if it significantly limits the claimant’s physical or mental ability to do basic work activities. 20 C.F.R. §§ 404.1521(a), 416.921(a). Unless expected to result in death, this impairment must have lasted or be expected to last for a continuous period of at least 12 months. 20 C.F.R. §§ 404.1509, 416.909. If the claimant does not have a severe impairment, the analysis ends. 20 C.F.R.

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Related

Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Strauss v. COMMISSIONER OF THE SOCIAL SEC. ADMIN.
635 F.3d 1135 (Ninth Circuit, 2011)
Ryan v. Commissioner of Social Security
528 F.3d 1194 (Ninth Circuit, 2008)
Orn v. Astrue
495 F.3d 625 (Ninth Circuit, 2007)
Karen Garrison v. Carolyn W. Colvin
759 F.3d 995 (Ninth Circuit, 2014)
Robbins v. Social Security Administration
466 F.3d 880 (Ninth Circuit, 2006)
April Dominguez v. Carolyn Colvin
808 F.3d 403 (Ninth Circuit, 2015)
Tackett v. Apfel
180 F.3d 1094 (Ninth Circuit, 1999)

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Bluebook (online)
222 F. Supp. 3d 915, 2016 U.S. Dist. LEXIS 163307, 2016 WL 6963034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groom-v-colvin-ord-2016.