Harrison v. Commissioner of Social Security

District Court, W.D. Washington·Decided September 10, 2021·No. 3:20-cv-06047·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Plaintiff, Case No. C20-6047-SKV v. ORDER AFFIRMING THE COMMISSIONER’S DECISION SECURITY, Defendant.

Plaintiff seeks review of the denial of her applications for Supplemental Security Income and Disability Insurance Benefits. Having considered the ALJ’s decision, the administrative record (“AR”), and all memoranda of record, the Court AFFIRMS the Commissioner’s final decision and DISMISSES the case with prejudice. Plaintiff was born in 1984, has an 11th-grade education, and has worked as a photographer, waitress, and customer service representative. AR 40, 264. Plaintiff was last gainfully employed in December 2015. AR 264. In April 2018, Plaintiff applied for benefits, alleging disability as of October 1, 2010. AR 214-27. Plaintiff’s applications were denied initially and on reconsideration, and Plaintiff requested a hearing. AR 149-55, 157-64. After the ALJ conducted a hearing in February 2020 (AR 34-66), the ALJ issued a decision finding Plaintiff not disabled. AR 15-28. Utilizing the five-step disability evaluation process,1 the ALJ found:

Step one: Plaintiff has not engaged in substantial gainful activity since the alleged onset date. Step two: Plaintiff had the following severe impairments prior to the date last insured (“DLI”): degenerative disc disease of the lumbar spine with mild scoliosis and spinal syrinx. After the DLI, she was also diagnosed with post-traumatic stress disorder, unspecified anxiety disorder, and status post microdiscectomy at L4-5.

Step three: These impairments do not meet or equal the requirements of a listed impairment.2 Residual Functional Capacity (“RFC”): Plaintiff can perform light work with additional limitations: she can lift/carry 20 pounds occasionally and 10 pounds frequently. She can sit for 6-8 hours and stand/walk for 6-8 hours. She can occasionally climb ramps and stairs, but never ropes, ladders, or scaffolds. She can occasionally stoop, crouch, crawl, and kneel. She can do simple, routine 1-3-step tasks with a reasoning level of 1-2. She can have occasional superficial contact with the public, and no teamwork with co-workers. She should avoid concentrated exposure to extreme cold, vibration, and hazards. She can change positions between sitting and standing in 30-60- minute intervals with flexibility to sit up to 50% of the workday (four of eight hours). Step four: Plaintiff has no past relevant work. Step five: As there are jobs that exist in significant numbers in the national economy that Plaintiff can perform, Plaintiff is not disabled.

AR 15-28. The Appeals Council denied Plaintiff’s request for review, making the ALJ’s decision the Commissioner’s final decision. AR 1-6. Plaintiff appealed the final decision of the Commissioner to this Court. Dkt. 1. // 1 20 C.F.R. §§ 404.1520, 416.920. 2 20 C.F.R. Part 404, Subpart P, App. 1. Under 42 U.S.C. § 405(g), this Court may set aside the Commissioner’s denial of social security benefits when the ALJ’s findings are based on harmful legal error or not supported by substantial evidence in the record as a whole. Bayliss v. Barnhart, 427 F.3d 1211, 1214 (9th Cir.

2005). As a general principle, an ALJ’s error may be deemed harmless where it is “inconsequential to the ultimate nondisability determination.” Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) (cited sources omitted). The Court looks to “the record as a whole to determine whether the error alters the outcome of the case.” Id. Substantial evidence is “more than a mere scintilla. It means - and means only - such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (cleaned up); Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989). The ALJ is responsible for evaluating symptom testimony, resolving conflicts in medical testimony, and resolving any other ambiguities that might exist. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995). While the Court is required to examine the record

as a whole, it may neither reweigh the evidence nor substitute its judgment for that of the Commissioner. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002). When the evidence is susceptible to more than one rational interpretation, it is the Commissioner’s conclusion that must be upheld. Id. Plaintiff argues the ALJ erred in assessing the Plaintiff’s allegations, the lay statements, and the medical opinion evidence. The Commissioner argues the ALJ’s decision is free of harmful legal error, supported by substantial evidence, and should be affirmed. A. The ALJ Did Not Harmfully Err in Assessing Plaintiff’s Allegations The ALJ summarized Plaintiff’s subjective allegations and explained that she discounted them because (1) the record does not corroborate Plaintiff’s allegation of disabling pain dating back to 2010 in light of her largely normal physical examinations, (2) the new symptoms

Plaintiff developed in August 2019 were resolved with surgery, (3) Plaintiff’s mental examination findings were largely normal, and (4) Plaintiff’s physical and mental activities are inconsistent with the limitations she alleges. AR 20-25. Plaintiff argues that these reasons are not clear and convincing, as required in the Ninth Circuit. See Burrell v. Colvin, 775 F.3d 1133, 1136-37 (9th Cir. 2014). The Court will address the sufficiency of each of the ALJ’s reasons in turn. 1. Normal Physical Examinations The ALJ summarized Plaintiff’s medical records and noted that many of her physical examinations contained many normal findings, despite her complaints of pain. AR 20-23. Although this reason cannot solely support the ALJ’s assessment of Plaintiff’s allegations, the

ALJ did not err in considering the extent to which the objective physical findings corroborated Plaintiff’s allegations of disabling limitations, in addition to the inconsistencies identified as to Plaintiff’s physical therapy notes and activities, discussed infra. See Rollins v. Massanari, 261 F.3d 853, 857 (9th Cir. 2001) (“While subjective pain testimony cannot be rejected on the sole ground that it is not fully corroborated by objective medical evidence, the medical evidence is still a relevant factor in determining the severity of the claimant’s pain and its disabling effects.”). The ALJ did devote many pages of the decision to summarizing the medical evidence, and although Plaintiff argues that this summary “is not a credibility analysis” (Dkt. 18 at 14), at the outset the ALJ explained her interpretation of the objective medical evidence: “Overall, [Plaintiff’s] pain does not severely limit her per the many physical examinations in the record, which were largely within normal limits.” AR 20. This conclusion explains the import of the normal examination findings summarized by the ALJ, and Plaintiff has not shown that the ALJ erred in considering them in her assessment of Plaintiff’s allegations.

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Harrison v. Commissioner of Social Security, (W.D. Wash. 2021).

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