Melissa C. Toftee v. Commissioner of Social Security

CourtDistrict Court, E.D. California
DecidedSeptember 19, 2025
Docket1:24-cv-01139
StatusUnknown

This text of Melissa C. Toftee v. Commissioner of Social Security (Melissa C. Toftee v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melissa C. Toftee v. Commissioner of Social Security, (E.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELISSA C. TOFTEE, Case No. 1:24-cv-01139-BAM 12 Plaintiff, ORDER REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 13 v. (Docs. 11, 15) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 INTRODUCTION 18 Plaintiff Melissa C. Toftee (“Plaintiff”) seeks judicial review of a final decision of the 19 Commissioner of Social Security (“Commissioner”) denying her application for disability 20 insurance benefits under Title II of the Social Security Act. The matter is currently before the 21 Court on the parties’ briefs, which were submitted, without oral argument, to Magistrate Judge 22 Barbara A. McAuliffe.1 23 Having considered the briefing and record in this matter, the Court finds that the decision 24 of the Administrative Law Judge (“ALJ”) is not supported by substantial evidence as a whole and 25 is not based upon proper legal standards. Accordingly, Plaintiff’s motion for summary judgment 26 and appeal from the decision of the Commissioner of Social Security is granted, the 27 1 The parties consented to have a United States Magistrate Judge conduct all proceedings in this 28 case, including entry of final judgment, pursuant to 28 U.S.C. § 636(c). (Docs. 7, 8, 9.) 1 Commissioner’s request to affirm the agency’s determination to deny benefits is denied, and 2 judgment will be entered in favor of Plaintiff Melissa C. Toftee. 3 FACTS AND PRIOR PROCEEDINGS 4 Plaintiff filed an application for disability insurance benefits on March 15, 2022. AR 192- 5 93.2 Plaintiff alleged she became disabled on July 1, 2019, due to anxiety, depression, 6 agoraphobia, post-traumatic stress disorder, adjustment disorder, panic disorder, and insomnia. 7 AR 205. Plaintiff’s application was denied initially and on reconsideration. AR 109-13, 115-19, 8 201-05, 207-11. Subsequently, Plaintiff requested a hearing before an ALJ, and following a 9 hearing, ALJ Marc Yerkey issued an order denying benefits on November 17, 2023. AR 14-28, 10 33-72. Thereafter, Plaintiff sought review of the decision, which the Appeals Council denied, 11 making the ALJ’s decision the Commissioner’s final decision. AR 1-5. This appeal followed. 12 Relevant Hearing Testimony and Medical Record 13 The relevant hearing testimony and medical record were reviewed by the Court and will 14 be referenced below as necessary to this Court’s decision. 15 The ALJ’s Decision 16 On November 17, 2023, using the Social Security Administration’s five-step sequential 17 evaluation process, the ALJ determined that Plaintiff was not disabled under the Social Security 18 Act. AR 14-28. Specifically, the ALJ found that Plaintiff had not engaged in substantial gainful 19 activity since July 1, 2019, the alleged onset date. AR 19-20. The ALJ identified the following 20 severe impairments: attention-deficit hyperactivity disorder (ADHD); anxiety disorder; 21 depressive disorder; bipolar disorder; post-traumatic stress disorder; and insomnia. AR 20. The 22 ALJ determined that Plaintiff did not have an impairment or combination of impairments that met 23 or medically equaled any of the listed impairments. AR 20-21. Based on a review of the entire 24 record, the ALJ found that Plaintiff retained the residual functional capacity (“RFC”) to perform a 25 full range of work at all exertional levels but with the following non-exertional limitations: she 26 could understand, remember, and carry out simple instructions; she could have occasional 27 2 References to the Administrative Record will be designated as “AR,” followed by the 28 appropriate page number. 1 interaction with supervisors, coworkers, and the public; and she could deal with occasional 2 changes in a routine work setting. AR 21-26. With this RFC, the ALJ determined Plaintiff could 3 not perform any past relevant work. AR 26-27. However, the ALJ determined that there were 4 other jobs existing in the national economy that Plaintiff could perform, such as marker, cleaner 5 (housekeeping), and routing clerk. AR 27-28. The ALJ therefore concluded that Plaintiff had not 6 been under a disability from July 1, 2019, through the date of the decision. AR 28. 7 SCOPE OF REVIEW 8 Congress has provided a limited scope of judicial review of the Commissioner’s decision 9 to deny benefits under the Act. In reviewing findings of fact with respect to such determinations, 10 this Court must determine whether the decision of the Commissioner is supported by substantial 11 evidence. 42 U.S.C. § 405(g). Substantial evidence means “more than a mere scintilla,” 12 Richardson v. Perales, 402 U.S. 389, 402 (1971), but less than a preponderance. Sorenson v. 13 Weinberger, 514 F.2d 1112, 1119, n. 10 (9th Cir. 1975). It is “such relevant evidence as a 14 reasonable mind might accept as adequate to support a conclusion.” Richardson, 402 U.S. at 401. 15 The record as a whole must be considered, weighing both the evidence that supports and the 16 evidence that detracts from the Commissioner’s conclusion. Jones v. Heckler, 760 F.2d 993, 995 17 (9th Cir. 1985). In weighing the evidence and making findings, the Commissioner must apply the 18 proper legal standards. E.g., Burkhart v. Bowen, 856 F.2d 1335, 1338 (9th Cir. 1988). This 19 Court must uphold the Commissioner’s determination that the claimant is not disabled if the 20 Commissioner applied the proper legal standards, and if the Commissioner’s findings are 21 supported by substantial evidence. See Sanchez v. Sec’y of Health and Human Servs., 812 F.2d 22 509, 510 (9th Cir. 1987). 23 REVIEW 24 In order to qualify for benefits, a claimant must establish that he or she is unable to engage 25 in substantial gainful activity due to a medically determinable physical or mental impairment 26 which has lasted or can be expected to last for a continuous period of not less than twelve months. 27 42 U.S.C. § 1382c(a)(3)(A). A claimant must show that he or she has a physical or mental 28 impairment of such severity that he or she is not only unable to do his or her previous work, but 1 cannot, considering his or her age, education, and work experience, engage in any other kind of 2 substantial gainful work which exists in the national economy. Quang Van Han v. Bowen, 882 3 F.2d 1453, 1456 (9th Cir. 1989). The burden is on the claimant to establish disability. Terry v. 4 Sullivan, 903 F.2d 1273, 1275 (9th Cir. 1990). 5 DISCUSSION3 6 Plaintiff contends that the ALJ erred by: (1) improperly discounting the medical opinion 7 evidence from the consultative psychological examiners and Plaintiff’s treating therapist and also 8 placing undue reliance of the results of mental status examinations, (Doc. 11 at 9-17); (2) 9 improperly discounting Plaintiff’s testimony, (id. at 17-20); and (3) asking incomplete 10 hypothetical questions resulting in unreliable vocational testimony, (id. at 21). 11 A. Evaluation of the Medical Opinion Evidence 12 Plaintiff contends that the ALJ erred by improperly discounting the medical opinion 13 evidence from both consultative examiners, Dr. Sandra Cortez and Dr.

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