Held v. Colvin

82 F. Supp. 3d 1033, 2015 U.S. Dist. LEXIS 24955, 2015 WL 926272
CourtDistrict Court, N.D. California
DecidedMarch 2, 2015
DocketCase No. 13-cv-05803-NC
StatusPublished
Cited by4 cases

This text of 82 F. Supp. 3d 1033 (Held v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Held v. Colvin, 82 F. Supp. 3d 1033, 2015 U.S. Dist. LEXIS 24955, 2015 WL 926272 (N.D. Cal. 2015).

Opinion

ORDER RE: MOTION TO REMAND AND CROSS-MOTION FOR SUMMARY JUDGMENT

NATHANAEL M. COUSINS, United States Magistrate Judge

Social Security disability hearings are not adversarial proceedings. DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir.1991). Rather than serving as umpires who mechanically call balls and strikes, administrative law judges in such hearings should share the same goal that claimants and their advocates also seek: “that deserving claimants who apply for benefits receive justice.” Wilcutts v. Apfel, 143 F.3d 1134, 1138 (8th Cir.1998) (internal quotation marks and citation omitted). Thus, unlike in the traditional adversarial system of justice, where the trier of fact simply takes in the evidence, deliberates, and makes a decision based on the evidence heard, the [1036]*1036ALJ in Social Security proceedings is obligated to play a more active role.

Plaintiff Paul L. Held seeks judicial review of the Commissioner of Social Security’s termination of his disability benefits, and argues that the ALJ failed to play this active role. According to Held, the ALJ failed to develop a full and fair record. In particular, the ALJ discounted evidence from Held’s treating physician, without instructing Held on the steps he could have taken to cure deficiencies in the evidence so that it could be considered. Held moves to remand with an instruction from this Court that the ALJ consider a new medical report. Held believes this new report could have influenced the ALJ’s decision in his favor.

The Court finds that the ALJ failed to develop a full and fair record. And because the Court finds Held’s new evidence material, and he has shown good cause as to why he did not present this evidence earlier, the Court GRANTS IN PART Held’s motion for summary judgment, DENIES the government’s cross-motion for summary judgment, REVERSES the ALJ’s decision, and REMANDS the case for further proceedings. See, e.g., Martinez v. Astrue, No. 12-cv-02997 JCS, 2014. U.S. Dist. LEXIS 10534, at *68, 2014 WL 310387, at *21 (N.D.Cal. Jan. 28, 2014) (reversing ALJ decision and remanding for further proceedings after finding ALJ’s opinion was not supported by substantial evidence when taking into account the new evidence submitted by claimant). On remand, the ALJ must consider the new medical report that Held obtained in 2014.

I. BACKGROUND

A. Agency Review

Held was born on May 12,1960. AR 40. In 1983, at age 33, Held became an automotive machinist with the City and County of San Francisco, where he worked in a municipal garage on a variety of vehicles, including big trucks and mowers. AR 84-85.

On January'22, 2004, Held sustained an injury to his lower back. AR 353 (medical report from April 19, 2012, by treating physician Dr. Joseph Meyers). On December 6, 2004, the Social Security Administration found Held to be disabled due to various physical ailments, including back problems. AR 29.

On February 23, 2011, the Social Security Administration determined that Held was not disabled because a new medical report suggested that his back problems “have significantly improved” and no longer “preclude all work activity.” AR 29, 61. A State Agency Disability Hearing Officer upheld this determination after a disability hearing, at which Held did not appear. AR 29.

B. Administrative Review

Held subsequently requested administrative review of the Social Security Administration’s decision. AR 29. On May 17, 2012, the ALJ held a hearing to determine whether Held’s disability had ended under section 223(f) of the Social Security Act. AR 29. On July 16, 2012, the ALJ confirmed the Social Security Administration’s determination that Held was no longer disabled as of February 11, 2011. AR 29. Held was not represented by counsel at this hearing. AR 65.

1. The Hearing

Held states he has been disabled since 2004. AR 70. He testified that he has experienced severe back pain, most likely caused by his previous work servicing cars as a mechanic. AR 76, 78, 84-85. He states that the back pain hinders him from sitting, walking, or driving for extended periods of time, lifting heavy objects, and bending down. AR 70-76. Held complained that his back pain grew worse [1037]*1037during the five years that preceded the hearing. AR 77.

Held has seen several doctors since his disability arose. AR 69-70. Dr. Joseph R. Meyers has been his treating physician since 2004, before Held was awarded disability benefits. AR 69-70. At the hearing, Held and the ALJ discussed medical examinations and reports by his treating and examining physicians. AR 70, 78. Held testified that Dr. Meyers had examined Held on April 18, 2012, and that x-rays were available. AR 79. The ALJ insisted that Held present all up-to-date medical records and left the administrative record open for seven days to allow Held time to submit any missing records. AR 81, 87.

A vocational expert testified at the hearing. AR 85. He told the ALJ that someone with Held’s physical limitations, education, and work experience, could no longer be an automobile mechanic; instead, that person could engage in jobs involving light, unskilled work currently available in California and nationally. AR 85-86. As examples, the expert mentioned work as a cashier, packager, or arcade attendant. AR 86.

2. The ALJ’s Findings

The ALJ found that Held failed to prove that he continued to be disabled under Section 223(f) of the Social Security Act. AR 39-41. The ALJ arrived at this decision to terminate disability benefits after following an eight-step sequential evaluation process. AR 29-30; see 20 C.F.R. § 404.1594(f).

At step one, the ALJ considers whether the claimant is engaging in substantial gainful activity. Id. At step two, the ALJ determines whether the claimant has an impairment or combination of impairments that meets or equals any of the Listed Impairments under 20 C.F.R. pt. 404, subpt. P, app. 1. Id. At step three, the ALJ assesses whether there has been medical improvement, such as any decrease in the medical severity of the impairments). Id. At step four, the ALJ considers whether the improvement is related to the claimant’s ability to work and whether the claimant’s capacity to perform basic work activities has increased. Id. At step five, if the ALJ found no medical improvement (step three), or that the improvement was not related to the claimant’s ability to work (step four), the ALJ determines whether an exception to medical improvement applies. Id. At step six, the ALJ will determine whether the claimant’s impairments in combination are severe. Id. At step seven, the ALJ assesses the claimant’s residual functional capacity based on the current impairments, and whether the claimant is capable of performing her past relevant work. Id. At step eight, the ALJ examines whether the claimant has the residual functional capacity to perform any other work. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
82 F. Supp. 3d 1033, 2015 U.S. Dist. LEXIS 24955, 2015 WL 926272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/held-v-colvin-cand-2015.