Joanna Lynn F. v. Comm'r of Soc. Sec.

383 F. Supp. 3d 1095
CourtDistrict Court, D. Oregon
DecidedApril 16, 2019
Docket3:18-cv-00395-BR
StatusPublished

This text of 383 F. Supp. 3d 1095 (Joanna Lynn F. v. Comm'r of Soc. Sec.) 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
Joanna Lynn F. v. Comm'r of Soc. Sec., 383 F. Supp. 3d 1095 (D. Or. 2019).

Opinion

BROWN, Senior Judge.

*1097Plaintiff Joanna Lynn F. seeks judicial review of the final decision of the Commissioner of the Social Security Administration (SSA) in which the Commissioner denied Plaintiff's applications for Disability Insurance Benefits (DIB) under Title II of the Social Security Act. This Court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. § 405(g).

For the reasons that follow, the Court REVERSES the decision of the Commissioner and REMANDS this matter for further administrative proceedings.

ADMINISTRATIVE HISTORY

On July 15, 2013, Plaintiff protectively filed her application for DIB benefits. Tr. 16, 232.2 Plaintiff alleges a disability onset date of October 4, 2011. Tr. 16, 232. Plaintiff's application was denied initially and on reconsideration. An Administrative Law Judge (ALJ) held hearings on April 16, 2016, and September 6, 2016. Tr. 16, 45-96. Plaintiff and vocational experts (VE) testified at both hearings. Plaintiff was also represented by an attorney at both hearings.

On December 5, 2016, the ALJ issued an opinion in which she found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 16-39. Plaintiff requested review by the Appeals Council. On January 9, 2018, the Appeals Council denied Plaintiff's request to review the ALJ's decision, and the ALJ's decision became the final decision of the Commissioner. Tr. 1-3. See Sims v. Apfel , 530 U.S. 103, 106-07, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000).

On March 6, 2018, Plaintiff filed a Complaint in this Court seeking review of the Commissioner's decision.

BACKGROUND

Plaintiff was born on December 14, 1966. Tr. 37, 232. Plaintiff was 44 years old on her alleged disability onset date. Plaintiff has at least a high-school education. Tr. 37, 51. Plaintiff has past relevant work experience as a grocery-store baker, grocery-store cashier, and a quarry weigh-master. Tr. 36, 51-53.

Plaintiff alleges disability due to extreme back and joint pain, diabetes, heart condition, blood disorder, cellulitis, depression, and high blood pressure. Tr. 98-99.

Except as noted, Plaintiff does not challenge the ALJ's summary of the medical evidence. After carefully reviewing the medical records, this Court adopts the ALJ's summary of the medical evidence. See Tr. 25-36.

STANDARDS

The initial burden of proof rests on the claimant to establish disability.

*1098Molina v. Astrue , 674 F.3d 1104, 1110 (9th Cir. 2012). To meet this burden, a claimant must demonstrate her inability "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). The ALJ must develop the record when there is ambiguous evidence or when the record is inadequate to allow for proper evaluation of the evidence. McLeod v. Astrue , 640 F.3d 881, 885 (9th Cir. 2011) (quoting Mayes v. Massanari , 276 F.3d 453, 459-60 (9th Cir. 2001) ).

The district court must affirm the Commissioner's decision if it is based on proper legal standards and the findings are supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g). See also Brewes v. Comm'r of Soc. Sec. Admin. , 682 F.3d 1157, 1161 (9th Cir. 2012). Substantial evidence is "relevant evidence that a reasonable mind might accept as adequate to support a conclusion." Molina , 674 F.3d. at 1110-11 (quoting Valentine v. Comm'r Soc. Sec. Admin. , 574 F.3d 685, 690 (9th Cir. 2009) ). It is more than a mere scintilla [of evidence] but less than a preponderance. Id. (citing Valentine , 574 F.3d at 690 ).

The ALJ is responsible for evaluating a claimant's testimony, resolving conflicts in the medical evidence, and resolving ambiguities. Vasquez v. Astrue , 572 F.3d 586, 591 (9th Cir. 2009). The court must weigh all of the evidence whether it supports or detracts from the Commissioner's decision. Ryan v. Comm'r of Soc. Sec. , 528 F.3d 1194, 1198 (9th Cir. 2008). Even when the evidence is susceptible to more than one rational interpretation, the court must uphold the Commissioner's findings if they are supported by inferences reasonably drawn from the record. Ludwig v. Astrue ,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McLeod v. Astrue
640 F.3d 881 (Ninth Circuit, 2011)
Molina v. Astrue
674 F.3d 1104 (Ninth Circuit, 2012)
William Ludwig v. Michael Astrue
681 F.3d 1047 (Ninth Circuit, 2012)
Sims v. Apfel
530 U.S. 103 (Supreme Court, 2000)
Ryan v. Commissioner of Social Security
528 F.3d 1194 (Ninth Circuit, 2008)
Orn v. Astrue
495 F.3d 625 (Ninth Circuit, 2007)
Vasquez v. Astrue
572 F.3d 586 (Ninth Circuit, 2009)
Meissl v. Barnhart
403 F. Supp. 2d 981 (C.D. California, 2005)
Karen Garrison v. Carolyn W. Colvin
759 F.3d 995 (Ninth Circuit, 2014)
Igor Zavalin v. Carolyn W. Colvin
778 F.3d 842 (Ninth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
383 F. Supp. 3d 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joanna-lynn-f-v-commr-of-soc-sec-ord-2019.