Naggeye v. Colvin

43 F. Supp. 3d 1136, 2014 U.S. Dist. LEXIS 116526, 2014 WL 4187516
CourtDistrict Court, D. Oregon
DecidedAugust 20, 2014
DocketCase No. 3:13-CV-00942-MC
StatusPublished
Cited by1 cases

This text of 43 F. Supp. 3d 1136 (Naggeye v. Colvin) 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
Naggeye v. Colvin, 43 F. Supp. 3d 1136, 2014 U.S. Dist. LEXIS 116526, 2014 WL 4187516 (D. Or. 2014).

Opinion

OPINION AND ORDER

McSHANE, District Judge:

Plaintiff brings this action under 42 U.S.C. § 405(g) to obtain judicial review of the final decision of the Commissioner of Social Security denying plaintiffs claim for supplemental security income benefits. The Commissioner’s decision is REVERSED and REMANDED for a payment of benefits with a disability onset date of September 28, 2006.

PROCEDURAL BACKGROUND

Plaintiff filed an initial application for benefits claiming disability as of September 28, 2006. After a hearing, the administrative law judge (ALJ) found the plaintiff not disabled. Plaintiff appealed to this Court, where the Commissioner conceded errors by the ALJ required remand for further proceedings. The ALJ improperly rejected the lay testimony of plaintiff’s daughter, misapplied the standard as to determining the plaintiffs credibility, and erred in weighing the opinion of plaintiffs treating physician. TR 54S.1 Judge Aiken remandéd the case for further proceedings. During this time, plaintiff filed a separate application for disability. The Commissioner approved this second application and the ALJ found the plaintiff disabled as of March 31, 2010.

This case concerns review of the ALJ’s findings on remand regarding plaintiffs claim of disability as of September 28, 2006. Plaintiff assigns three errors by the ALJ: 1) errors in weighing the conclusions and opinions of plaintiffs treating psychiatrist; 2) insufficient reasoning to reject the plaintiffs testimony; and 3) insufficient reasoning tó reject the lay testimony of plaintiffs daughter. Plaintiff argues that this Court should remand for payment of benefits. The Commissioner agrees the ALJ erred, but seeks remand for further proceedings.

STANDARD OF REVIEW

The reviewing court shall affirm the Commissioner’s decision if the decision is based on proper legal standards and the legal findings are supported by substantial evidence in the record. 42 U.S.C. § 405(g); Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004). “Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir.2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir.1997)). To determine whether substantial evidence exists, we review the administrative record as a whole, weighing both the evidence that supports and that which detracts from the ALJ’s conclusion. Davis v. Heckler, 868 F.2d 323, 326 (9th Cir.1989). “If the evidence can reasonably support either affirming or reversing, ‘the reviewing court may not substitute its judgment’ for that of the Commissioner.” Gutierrez v. Comm’r of Soc. Sec., 740 F.3d 519, 523 (9th Cir.2014) (quoting Reddick v. Chater, 157 F.3d 715, 720-21 (9th Cir.1998)).

FACTUAL BACKGROUND

The tragic origins of this case begin in [1139]*1139Somalia, plaintiffs country of birth.2 Plaintiff is approximately 54 years old.3 Plaintiff grew up in Somalia and lived there until 1998, when she entered the United States as a refugee. As a child, plaintiff witnessed the starvation deaths of her parents. Plaintiff was then repeatedly abused, physically and sexually, first by her uncle and then while in the care of an orphanage. She also may have witnessed a coyote eat her parents’ bodies. Since arriving in the United States, she has sought treatment for Post Traumatic Stress Disorder (PTSD), psychosis, and other mental illnesses which reportedly have caused her mental anguish. For example plaintiff suffers from flashbacks, nightmares, and experiences ongoing fearfulness of people and her surroundings. The plaintiff speaks very limited English, has had limited exposure to formal schooling, and has no past relevant work experience.

DISCUSSION

“ ‘[I]f the Secretary fails to articulate reasons for refusing to credit a claimant’s subjective pain testimony, then the Secretary, as a matter of law, has accepted that testimony as true.’ ” Varney v. Sec’y of Health & Human Services (Varney II), 859 F.2d 1396, 1398, 1401 (9th Cir.1988) (quoting Hale v. Bowen, 831 F.2d 1007, 1012 (11th Cir.1987)) (adopting the Eleventh Circuit’s credit-as-true rule). Originally, crediting testimony as true was limited to cases where there were no outstanding issues that must be resolved and where it was clear from the record that the ALJ would be required to award benefits if the testimony were credited. See Vasquez v. Astrue, 572 F.3d 586, 593 (9th Cir.2009) (explaining the origins of the credit-as-true rule); but see Hammock v. Bowen, 879 F.2d 498, 503 (9th Cir.1989) (extending the Varney II credit-as-true-rule to situations that still required remand for further proceedings). The law regarding whether a court must employ the rule is contradictory and there currently seems to be a split of authority on this issue in the Ninth Circuit. See Vasquez, 572 F.3d at 593.

The purpose of the credit-as-true rule is to discourage an ALJ from reaching a conclusion about a claimant’s disability status and then justifying this conclusion by ignoring evidence suggesting the opposite. Id. at 594. By attempting to prohibit this practice, the rule encourages the ALJ to carefully assess testimony in the first instance and attempts to prevent unnecessary administrative duplication. Id. Other factors, such as the age of the claimant and the length of time a claimant has been in the system, may also justify application of the rule. Hammock, 879 F.2d at 503. In fact, the Varney II court explicitly stated “[d]elaying the payment of benefits by requiring multiple administrative proceedings that are duplicative and unnecessary only serves to cause the applicant further damage ... [wjithout endangering the integrity of the disability determination process, a principal goal of that process must be the speedy resolution of disability applicants’ claims.” Varney II, 859 F.2d at 1399 (describing the credit-as-true rule as perpetuating this goal of social security law).

Regardless of whether this Court remands for further proceedings or an award of benefits, the credit-as-true rule [1140]*1140applies in this case.

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43 F. Supp. 3d 1136, 2014 U.S. Dist. LEXIS 116526, 2014 WL 4187516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naggeye-v-colvin-ord-2014.