Lopez v. Colvin

194 F. Supp. 3d 903, 2016 U.S. Dist. LEXIS 89344, 2016 WL 3670192
CourtDistrict Court, D. Arizona
DecidedJuly 11, 2016
DocketNo. CV-15-01541-PHX-DGC
StatusPublished
Cited by26 cases

This text of 194 F. Supp. 3d 903 (Lopez v. Colvin) 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
Lopez v. Colvin, 194 F. Supp. 3d 903, 2016 U.S. Dist. LEXIS 89344, 2016 WL 3670192 (D. Ariz. 2016).

Opinion

ORDER

David G. Campbell, United States District Judge

Plaintiff Galena Kaye Duarte Lopez seeks review under 42 U.S.C. § 405(g) of the final decision of the Commissioner of Social Security which denied her disability insurance benefits and supplemental security income under sections 216(i), 223(d), and 1614(a)(3)(A) of the Social Security Act. Because the ALJ’s decision contains reversible error and there are no substantial grounds for doubting that Lopez is disabled, the Court will remand for an award of benefits.

I. Background.

Lopez is a 49-year-old female who previously worked as an office clerk, fast food worker, hospital worker, and production line worker. A.R. 38-39. On November 14, 2011, Lopez filed an application for disability insurance benefits and supplemental security income, alleging disability beginning December 31, 2008. A.R. 26. On August 14, 2013, an ALJ held a hearing on the application. A.R. 50-85. Lopez appeared with her attorney and testified. A vocational expert also testified. Id.

On December 18, 2013, the ALJ issued a decision that Lopez was not disabled within the meaning of the Social Security Act. A.R. 26-40. The decision proceeded according to the five-step evaluation process set forth at 20 C.F.R. § 404.1520(a)(4). At step one, the ALJ found that Lopez had not engaged in substantial gainful activity at any time between the alleged onset date and the date of decision. A.R. 28. At step two, the ALJ found that Lopez had the following severe impairments: lumbar degenerative disc disease, bilateral carpal tunnel syndrome (status post-right release), cervical spine degenerative disc disease and joint disease, thoracic spine spon-dylosis, and bilateral knee osteoarthritis. [909]*909A.R. 28. At step three, the ALJ determined that Lopez did not have an impairment or combination of impairments that met or medically equaled an impairment listed in Appendix 1 to Subpart P of 20 C.F.R. Pt. 404. A.R. 81. At step four, the ALJ found that Lopez had the residual functional capacity (“RFC”) to:

lift and carry 20 pounds occasionally and 10 pounds frequently. She can stand and/or walk for 4 hours in an 8-hour workday with normal breaks. She can sit for 6 hours in an 8-hour workday with normal breaks. The claimant has no limitations with pushing and pulling as long as within the weight restrictions above. She can occasionally climb ramps and stairs, stoop, kneel, and crouch. She should never climb ladders, ropes, or scaffolds or crawl. She is limited to frequent fingering, handling, and feeling bilaterally with the upper extremities. The claimant should avoid even moderate exposure to unprotected heights. The claimant may need to use a cane for balance when ambulating.

A.R. 38. The ALJ found Lopez unable to perform any of her past relevant work. A.R. 38. At step five, the ALJ concluded, considering Lopez’s age, education, work experience, transferrable skills, and RFC, that there were jobs existing in significant numbers in the national economy that she could perform, including appointment clerk and address clerk. A.R. 39. The Appeals Council denied Lopez’s request for review, making the ALJ’s decision final. A.R. 1.

II. Legal Standard.

The district court reviews only those issues raised by the party challenging the ALJ’s decision. See Lewis v. Apfel, 236 F.3d 503, 517 n. 13 (9th Cir.2001). The court may set aside the Commissioner’s disability determination only if the determination is not supported by substantial evidence or is based on legal error. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007). Substantial evidence is more than a scintilla, less than a preponderance, and relevant evidence that a reasonable person might accept as adequate to support a conclusion considering the record as a whole. Id. In determining whether substantial evidence supports a decision, the court must consider the record as a whole and may not affirm simply by isolating a “specific quantum of supporting evidence.” Id. (internal citations and quotation marks omitted). As a general rule, “[w]here 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) (citations omitted).

III. Symptom Testimony.

In evaluating the claimant’s symptom testimony, ALJs must engage in a two-step analysis. First, the ALJ must determine whether the claimant presented objective medical evidence of an impairment that could reasonably be expected to produce the symptoms alleged. 20 C.F.R. § 404.1529(b). If the claimant has presented such evidence, the ALJ proceeds to consider “all of the available evidence, including [the claimant’s] history, the signs and laboratory findings, and statements from [the claimant],” her doctors, and other persons, to determine the persistence and intensity of these symptoms. § 404.1529(c)(1). If there is no evidence of malingering, the ALJ may reject the claimant’s symptom testimony only by giving specific, clear, and convincing reasons that are supported by substantial evidence. Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir.2009).

Lopez testified that she was unable to work because of pain in her hands, knees, and lower back. A.R. 57-58. She rated her pain as an 8 out of 10, and stated that she was unable to obtain pain medication due [910]*910to lack of insurance. A.R. 61. She testified that her pain prevented her from lifting heavy objects, sitting for more than two hours at a time, or standing or walking for more than 25 minutes at a time. A.R. 59-60, 64-65.

The ALJ determined that Lopez’s medically determinable impairments could reasonably be expected to cause the alleged symptoms, but that her statements concerning the intensity, persistence, and limiting effects of these symptoms were not entirely credible. A.R. 33-34. The ALJ found Lopez’s testimony not entirely credible because: (1) she failed to account for the benefit she previously received from medication; (2) the alleged limitations were inconsistent with her “somewhat normal level of daily activity and interaction”; (3) her complaints of debilitating pain were not supported by clinical or laboratory findings; and (4) her testimony was marred by a variety of inconsistencies. A.R. 33-36. Lopez challenges each of these findings.

A. Benefit of Treatment.

“Impairments that can be controlled effectively with medication are not disabling for the purpose of determining eligibility for SSI benefits.” Warre v. Comm’r, 439 F.3d 1001, 1006 (9th Cir. 2006).

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194 F. Supp. 3d 903, 2016 U.S. Dist. LEXIS 89344, 2016 WL 3670192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-colvin-azd-2016.