Jerry v. Commissioner of Social Security Administration

97 F. Supp. 2d 1219, 2000 U.S. Dist. LEXIS 9915, 2000 WL 343985
CourtDistrict Court, D. Oregon
DecidedApril 3, 2000
DocketNo. 99-305-JO
StatusPublished

This text of 97 F. Supp. 2d 1219 (Jerry v. Commissioner of Social Security Administration) 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.

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Jerry v. Commissioner of Social Security Administration, 97 F. Supp. 2d 1219, 2000 U.S. Dist. LEXIS 9915, 2000 WL 343985 (D. Or. 2000).

Opinion

OPINION AND ORDER

ROBERT E. JONES, District Judge.

Claimant Connie Jerry seeks judicial review of a final decision of the Commissioner of the Social Security Administration denying disability insurance benefits (“DIB”) and supplemental security income (“SSI”) because claimant is not disabled under the Social Security Act. This court has jurisdiction to review the Commissioner’s decision pursuant to 42 U.S.C. § 405(g). Following a careful review of the record, this court concludes that the Commissioner’s decision is not supported by substantial evidence in the record and must be remanded.

ADMINISTRATIVE HISTORY

Claimant first applied for SSI and DIB on August 7, 1995, alleging disability beginning February 12, 1995. She attended a hearing with her attorney, held before Administrative Law Judge (ALJ) Joseph Schloss, on April 15, 1997. The Commissioner denied her application in a hearing decision issued July 23, 1997. Claimant appealed.. On January 19, 1999, the Appeals Council denied claimant’s request for review, rendering the ALJ’s decision final. Claimant now challenges that decision.

STANDARDS OF REVIEW

This court must affirm the Commissioner’s decision if it is based upon proper legal standards and the findings are supported by substantial evidence on the record as a whole. “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Tylitzki v. Shalala, 999 F.2d 1411, 1413 (9th Cir.1993). The court must weigh “both the evidence that supports and detracts from the [Commissioner’s] conclusion.” Martinez v. Heckler, 807 F.2d 771, 772 (9th Cir.1986). The Commissioner’s decision must be upheld if it is a rational interpretation of the evidence, even if there are other possible rational interpretations. Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989).

A claimant bears the initial burden of proof to establish disability. Howard v. Heckler, 782 F.2d 1484, 1486 (9th Cir.1986). To meet this burden, claimant must demonstrate an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected * * * to last for a continuous period of not less than 12 months * * 42 U.S.C. § 423(d)(1)(A).

SUMMARY OF THE ALJ’S FINDING

The ALJ employed a five-step “sequential evaluation” process in evaluating claimant’s disability, as required. See 20 C.F.R. §§ 404.1520 and 416.920. The ALJ first determined that claimant had not engaged in substantial gainful work activity at any time since February 12, 1995. Second, the ALJ found that claimant’s degenerative disease of the cervical spine constituted a severe impairment. Next, the ALJ found that claimant’s impairment did not equal a “Listed Impairment.” In step four, the ALJ concluded that claimant was unable to perform any of her past relevant work. In step five, the ALJ found that claimant is able to perform substantial gainful activity in a significant number of other jobs. Accordingly, the ALJ determined that claimant is not disabled and not entitled to DIB or SSI.

RELEVANT FACTS

Claimant was 46 years old a the time of her hearing. She has a ninth grade education and extensive prior work experience working in a family owned tree nursery business. She left work at the nursery in [1222]*12221990 after a divorce and worked for Wal-Mart and Super 8 Motels before developing debilitating health problems.

Claimant attends the Oregon Health Sciences University, where Adult Nurse Practitioner (A.N.P.) Laura Renner has administered her primary care since March, 1996. After an initial evaluation which included a review of claimant’s medical records, Ms. Renner diagnosed claimant as suffering from degenerative joint disease of the cervical spine, with radiculopathy.1 Ms. Renner ordered thoracic X-rays to confirm her diagnosis of degenerative joint disease. Those X-rays were inconclusive, but did not document any advanced osteoarthritis.

In a March 20, 1996, letter to claimant’s attorney, Ms. Renner wrote that claimant suffered from neck pain and chronic numbness of her left hand due to nerve impingement caused by osteoarthritis involving cervical vertebrae 5 through 7. Tr. 269.

In a follow-up appointment, on April 15, 1996, Ms. Renner reported that claimant relied on Ultram and Tylenol every six hours to treat her chronic pain. She also noted that claimant exhibited normal strength, sensation and range of motion in her upper extremities. Tr. 287. Ms. Ren-ner did not prescribe any additional diagnostic testing for claimant.

On April 17, 1997, Ms. Renner completed a Physical Residual Functional Capacity Questionnaire prepared by claimant’s attorney. In that questionnaire, Ms. Ren-ner reported that claimant suffered neck pain, radiating to her arms and back, due to degenerative disc disease in vertebrae C5-C7. She wrote .that her diagnosis was based upon X-ray films taken on April 13, 1994, July 5, 1994, and March 14, 1996. Tr. 309. Ms. Renner indicated claimant’s prognosis for progressive back, arm and neck pain, exacerbated by cold, heavy lifting and repetitive movements of the upper extremities. She also noted that claimant’s limited cognitive abilities would prevent extensive mental retraining. Tr. 309. Dr. Coodley, a staff physician at OHSU, co-signed the questionnaire.

At the hearing, the ALJ rejected the medical opinions of Ms. Renner because she is not a licensed physician, and because he found that her diagnoses were without sufficient objective findings. He referred claimant for a post-hearing evaluation of her degenerative joint disease.

Dr. Crawford evaluated claimant post-hearing, on May 9, 1997. Based upon claimant’s symptoms, medical records and clinical presentation, Dr. Crawford discounted Ms. Renner’s diagnosis of radicu-lopathy, but diagnosed claimant as suffering from carpal tunnel syndrome. She also observed that claimant had symptoms suggesting a brain stem disorder and concluded that claimant would be unsuited for an occupation where she would be required to do calculations, reading or writing, or speaking to the public.

In the decision, the ALJ rejected Dr. Crawford’s diagnosis of carpal tunnel syndrome and partially rejected her diagnosed functional limitations. He reasoned that Dr. Crawford’s diagnoses were based upon claimant’s subjective complaints only2 and, even if claimant did have carpal tunnel syndrome, the condition could be resolved in less than twelve months.

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97 F. Supp. 2d 1219, 2000 U.S. Dist. LEXIS 9915, 2000 WL 343985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-v-commissioner-of-social-security-administration-ord-2000.