McCann v. Colvin

111 F. Supp. 3d 1166, 2015 U.S. Dist. LEXIS 75976, 2015 WL 3649188
CourtDistrict Court, W.D. Washington
DecidedJune 10, 2015
DocketCase No. C14-1728JLR
StatusPublished
Cited by6 cases

This text of 111 F. Supp. 3d 1166 (McCann v. Colvin) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCann v. Colvin, 111 F. Supp. 3d 1166, 2015 U.S. Dist. LEXIS 75976, 2015 WL 3649188 (W.D. Wash. 2015).

Opinion

ORDER REVERSING AND REMANDING FOR AWARD OF BENEFITS

JAMES L. ROBART, District Judge.

I. INTRODUCTION

Michael McCann appeals the final decision of the Commissioner of the Social Security Administration (“The Commissioner”), which denied his applications for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act (“SSA”), 42 U.S.C. §§ 401-33 and 1381. This is Mr. McCann’s second appeal in this matter. The court has considered the Administrative Law Judge’s (“ALJ”) decisions, the prior district court opinion, the administrative record (“AR”), and the parties’ briefs. Being fully advised, the court REVERSES the Commissioner’s final decision and REMANDS this action to the Commissioner for an immediate award of benefits.

II. BACKGROUND

The facts of the case are set forth in the ALJ’s decision (AR (Dkt. # 9) at 621-33), the administrative hearing transcripts (AR at 640-744), and the briefs of the parties (Opening Br. (Dkt. # 13); Resp. Br. (Dkt. # 16); Reply Br. (Dkt. # 17)). They are only briefly summarized here.

Mr. McCann asserts that he is disabled due to bipolar disorder, alleging an onset date of January 15, 2006. (AR at 175.) He filed claims for SSI and DIB payments in March 2008. (AR at 156-60.) The Commissioner denied Mr. McCann’s claim initially and on reconsideration. (AR at 106-12, 116-28.) Mr. McCann requested a hearing, which took place on November 30, 2009. (See AR at 28-101.) On January 15, 2010, the ALJ, following the SSA’s five-step sequential process for determining whether a person is disabled,1 issued a decision finding Mr. McCann not disabled. (AR at 12-23.) The ALJ denied benefits based on his finding that Mr. McCann could perform a specific job existing in [1170]*1170significant numbers in the national economy. (Id.) After reviewing additional evidence, the Social Security Administration’s Appeals Council denied Mr. McCann’s request for review, making the ALJ’s ruling the “final decision” of the Commissioner as that term is defined by 42 U.S.C. § 405(g). (AR at 1-6.)

On September 30, 2011, Mr. McCann timely filed an appeal in this court chai-' lenging the Commissioner’s decision. (AR at 774.) The court held that the ALJ had erred by failing to provide legally adequate justification for discounting the opinions of Jane Knickerbocker and Dr. Eugene Kester, by rejecting the opinion of Martin Knutson without first developing the record, and by failing to provide adequate legal justification for discounting the testimony of Erica Horn. (AR at 779-90.) The court reversed the decision of the ALJ and remanded the case for reconsideration with instructions to develop the record, and to afford proper weight to these four sources or articulate legally sufficient reasons for not doing so. (Id.) After a second administrative hearing (see AR at 703-44), the ALJ again issued a decision finding that Mr. McCann was not disabled and was not entitled to benefits because jobs exist in significant numbers in the national economy that Mr. McCann could perform. (AR at 621-33.) Mr. McCann again appealed, arguing this time that the ALJ improperly discounted the opinions of Dr. Eugene Kester, Dr. Mary Anderson, Martin Knutson, and Erica Horn. For the following reasons, the court agrees with Mr. McCann that the ALJ failed to provide legally sufficient reasons for rejecting these opinions.

III. ANALYSIS

A. Standard of Review

Under 42 U.S.C. § 405(g), the court reviews the Commissioner’s decision to determine whether it is free from legal error and supported by substantial evidence in the record as a whole. Garrison v. Colvin, 759 F.3d 995, 1009 (9th Cir. 2014). “ ‘Substantial evidence’ means more than a mere scintilla, but léss than a preponderance; it is such relevant evidence as a reasonable person might accept as adequate to support a conclusion.” Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir.2007). The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving any other ambiguities that might exist. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995). While the Court is required to examine the record as a whole, it may neither reweigh the evidence nor substitute its judgment for that of the Commissioner. Flaten v. Sec’y of Health & Human Servs., 44 F.3d 1453, 1457 (9th Cir. 1995). When the evidence is susceptible to more than one rational interpretation, and the Commissioner’s conclusion is one such rational interpretation, that interpretation must be upheld. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002). The court may review only the reasons stated by the ALJ “and may not affirm the ALJ on a ground upon which he did not rely.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007); see also Connett v. Barnhart, 340 F.3d 871, 874 (9th Cir.2003).

B. Evaluation of Evidence from “Acceptable Medical Sources”

Only “acceptable medical sources” can “provide evidence to establish an impairment.” 20 C.F.R. § 404.1513(a). Acceptable medical sources include licensed physicians, psychologists, optometrists, podiatrists, and speech-language pathologists. Id. The Commissioner’s own rules dictate that ALJs “must always carefully consider medical source opinions about any issue, including opinions about issues that are reserved to the Commissioner.” SSR 96-5p, 1996 WL 374183, at *2 (July 2, 1996).

[1171]*1171In conjunction with the relevant regulations, the Ninth Circuit has “developed standards that guide [the court’s] analysis of an ALJ’s weighing of medical evidence.” Garrison, 759 F.3d at 1012 (quoting Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir.2008)). The weight afforded to opinions of acceptable medical sources varies based on the closeness of the treatment relationship; opinions of treating sources generally receive more weight than those of examining sources, which in turn, generally receive more weight than those of non-examining sources. Ryan, 528 F.3d at 1198. In addition, “the weight afforded a non-examining physician’s testimony depends ‘on the degree to which they provide supporting explanations for their opinions.’” Id. at 1201 (quoting 20 C.F.R. § 404.1527(d)(3)).

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111 F. Supp. 3d 1166, 2015 U.S. Dist. LEXIS 75976, 2015 WL 3649188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccann-v-colvin-wawd-2015.