Lannon v. Commissioner of Social Security Administration

234 F. Supp. 3d 951, 2017 WL 541319, 2017 U.S. Dist. LEXIS 19267
CourtDistrict Court, D. Arizona
DecidedFebruary 10, 2017
DocketNo. CV-16-00052-PHX-DLR
StatusPublished
Cited by9 cases

This text of 234 F. Supp. 3d 951 (Lannon v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lannon v. Commissioner of Social Security Administration, 234 F. Supp. 3d 951, 2017 WL 541319, 2017 U.S. Dist. LEXIS 19267 (D. Ariz. 2017).

Opinion

ORDER

Douglas L. Rayes, United States District Judge .

Plaintiff Cynthia Lannon applied for disability benefits and supplemental security income in July 2012, claiming to be disabled since May 25, 2010. (AR 205-15.) The applications were denied. (AR 81-82, 140-54.) A hearing before an Administrative Law Judge (ALJ) was held on April 2, 2014, at which Plaintiff and a vocational expert testified. (AR at 41-80.) The ALJ issued a written decision on May 27, 2014, finding Plaintiff not disabled finder the Social Security Act. (AR 12-24.) This became Defendant’s final decision when the Appeals Council denied' review. (AR 1-6.)

Plaintiff then commenced this action for judicial review (Doc. 1.) After receipt of [954]*954the administrative record (Doc. 12), the parties briefed the issues for review (Docs. 15, 19, 22). For reasons stated below, Defendant’s decision is reversed and the case remanded for an award of benefits.

STANDARD OF REVIEW

The district court reviews only those issues raised by the party challenging the Commissioner’s decision. See Lewis v. Apfel, 236 F.3d 503, 517 n.13 (9th Cir. 2001). The court may reverse the decision only where it is based on legal error or not supported by substantial evidence. See Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007). Substantial evidence is more than a scintilla but less than a preponderance, and “such relevant evidence that a reasonable mind might accept as adequate to support a conclusion.” Id. “Where the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ’s decision, the ALJ’s conclusion must be upheld.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002).

The court, however, “must consider the entire record as a whole and may not affirm simply by isolating a ‘specific quantum of supporting evidence.’” Orn, 495 F.3d at 630 (quoting Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir. 2006)). Nor may the court “affirm the ALJ on a ground upon which he did not rely.” Id. (citing Connett v. Barnhart, 340 F.3d 871, 874 (9th Cir. 2003)). The court’s review is limited solely to “the reasons provided by the ALJ in the disability determination^]” Id.

DISCUSSION

Whether a claimant is disabled is determined using a five-step evaluation process. To establish disability, the claimant must show (1) she is not currently working, (2) she has a severe impairment, and (3) her impairment meets or equals a listed impairment or (4) her residual functional capacity (RFC) precludes her from performing past work. If the claimant meets her burden, the Commissioner must show at step five that the claimant is able to perform other work. 20 C.F.R. §§ 404.1520, 416.920(a)(4)(i)-(v).

Plaintiff has met her burden at steps one and two because she has not worked since before the alleged date of disability and has the following severe impairments: cervical degenerative disc disease, status post laminectomy and suboccipital cranio-tomy, rheumatoid arthritis, osteoarthritis, obesity, and hypertension. (AR 16.) The ALJ found at step three that the impairments do not meet or equal a listed impairment. (AR 16-17.) The ALJ then determined that Plaintiff has the RFC to perform sedentary work with the following abilities and limitations: lifting and carrying less than 10 pounds frequently and 20 pounds occasionally; unlimited sitting, standing and walking, frequent stooping and crouching, occasional kneeling and climbing ramps and stairs, but no crawling or climbing ladders; frequent reaching except for overhead, and frequent handling, fingering, and feeling. (AR 17-23.) Based on this RFC and the testimony of the vocational expert, the ALJ determined at step four that Plaintiff is not disabled because she can perform her past work as an administrative assistant, accounting clerk, and customer service representative. (AR 23-24.)

Plaintiff challenges the RFC and step four determinations. Plaintiff argues that the ALJ improperly weighed medical opinions, particularly with respect to her arthritis and headaches. (Docs. 15 at 7-17, 22 at 1-8.) Plaintiff further argues that the ALJ erred in rejecting her testimony about her symptoms and limitations. (Id. at 17-20, 8-11.)

Defendant counters that the ALJ properly resolved conflicts in the medical opinions based on substantial evidence (Doe. 19 [955]*955at 6-14), and provided sufficient reasons for discrediting Plaintiffs testimony (id. at 15-20). The parties disagree as to whether any remand should be for an award of benefits or further proceedings. (Docs. 15 at 21-22,19 at 20-21.)

The Court agrees with Plaintiff that the ALJ erred in weighing medical opinions and discrediting her testimony. The ALJ’s decision therefore must be reversed and, for reasons stated below, remanded for an award of benefits.

I. The ALJ Improperly Weighed Medical Opinions.

Dr. Richard Kelly has treated Plaintiff since 1990. He completed an RFC questionnaire indicating that Plaintiff suffers from daily neck pain and headaches, pain in her hands due to rheumatoid arthritis, and chronic fatigue. (AR 400.) He opined that due to these impairments, Plaintiff has significant limitations in reaching, handling, and fingering, would need frequent and lengthy breaks during the workday, would miss work more than four times a month, and otherwise is not physically capable of working eight hours a day, five days a week on a sustained basis. (AR 400-01.) In a separate migraine headache questionnaire, Dr. Kelly opined that Plaintiff experiences throbbing headaches in the back of her head and neck and the headaches interfere with her ability to work. (AR 403.)

Despite the fact that Dr. Kelly had been treating Plaintiff for more than 20 years, the ALJ gave his opinion no weight. (AR 22.) This constitutes legal error, Plaintiff argues, because the ALJ failed to provide sufficient reasons for rejecting the opinion. The Court agrees.

A. Standard for Weighing Medical Opinions

The Commissioner is responsible for determining whether a claimant meets the statutory definition of disability and is not bound by a physician’s ultimate conclusion that the claimant is “unable to work” or “disabled.” 20 C.F.R. §§ 404.1527, 416.927(d)(1). But the Commissioner generally must defer to a physician’s medical opinion, such as statements concerning the nature or severity of the claimant’s impairments, the claimant’s physical or mental limitations, and what the claimant can still do despite the impairments and limitations. 20 C.F.R. §§ 404.1527, 416.927(a)(2).

The regulations make clear that opinions of treating doctors generally should be given more weight than the opinions of other doctors. Id., §§ 404.1527, 416.927(c)(2).

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234 F. Supp. 3d 951, 2017 WL 541319, 2017 U.S. Dist. LEXIS 19267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lannon-v-commissioner-of-social-security-administration-azd-2017.