Stoumen Johnson v. SSA

2015 DNH 051
CourtDistrict Court, D. New Hampshire
DecidedMarch 12, 2015
DocketCV-13-525-JL
StatusPublished

This text of 2015 DNH 051 (Stoumen Johnson v. SSA) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stoumen Johnson v. SSA, 2015 DNH 051 (D.N.H. 2015).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Cathy Stoumen Johnson

v. Civil No. 13-cv-525-JL Opinion No. 2015 DNH 051 Commissioner, Social Security Administration

ORDER ON APPEAL

Cathy Stoumen Johnson has appealed the Social Security

Administration’s denial of her application for a period of

disability and disability insurance benefits. An administrative

law judge at the SSA (“ALJ”) ruled that, despite Johnson’s severe

impairments (major depressive disorder and generalized anxiety

disorder), she retains the residual functional capacity (“RFC”)

to perform jobs that exist in significant numbers in the national

economy, and, as a result, is not disabled. See 20 C.F.R.

§ 404.1505(a). The Appeals Council later denied Johnson’s

request for review, see id. § 404.968(a), with the result that

the ALJ’s decision became the final decision on Johnson’s

application, see id. § 404.981. Johnson then appealed the

decision to this court, which has jurisdiction under 42 U.S.C.

§ 405(g) (Social Security).

Johnson has filed a motion to reverse the decision. See

L.R. 9.1(b)(1). She argues that, in ruling that she was not

disabled, the ALJ improperly discounted the opinions of her treating physicians in favor of those of non-treating sources.

As a result, Johnson maintains, the ALJ erroneously found neither

that Johnson suffered from a listed impairment--which would have

led to a finding that she was disabled without regard to her RFC,

20 C.F.R. § 404.1520(d)--nor that she lacked the RFC to perform

jobs existing in significant numbers in the national economy, id.

at 404.1505(a). The Acting Commissioner of the SSA has cross-

moved for an order affirming the ALJ’s decision, see L.R. 9.1(d),

defending the ALJ’s handling of the opinion evidence. As

explained fully below, the court agrees with the Commissioner,

and therefore grants her motion to affirm (and denies Johnson’s

motion to reverse) the decision.

Treating source opinions

Johnson claims that the ALJ erred by giving only limited

weight to the opinions of three of her treating doctors: Dr.

Dominic Candido, her pyschologist; Dr. Adam Schwarz, her primary

care physician; and Dr. Danielle Dahle, her psychiatrist. As

Johnson points out, an ALJ must give controlling weight to the

opinions of a treating physician “[i]f [the ALJ] find[s] that a

treating source’s opinion on the issue(s) of the nature and the

severity of [the claimant’s] impairment(s) is well-supported by

medically acceptable clinical and laboratory diagnostic

techniques and is not inconsistent with the other substantial

2 evidence in [his] case record.” 20 C.F.R. § 404.1527(c)(2). In

declining to give controlling weight to the opinions of Drs.

Candido, Dahle, or Schwarz, the ALJ found these opinions “neither

consistent with nor supported by the evidence of record,

including the treating source’s own treatment notes.” Johnson

argues that this finding lacks substantial evidence to support it

as to any of the doctors in question. The court disagrees.

Dr. Candido. As the ALJ noted, Candido opined that Johnson

“had severe limitations in attention and concentration” as well

as that her “symptoms preclude occupational functioning due to

her difficulty with sustained mental effort, novel tasks, and

high demands.” Candido had expressed these opinions on an

“Attending Physician’s Statement of Disability” form he had

completed for submission to an insurance company in late April

2012. He also indicated on the form that Johnson had “no

ability” to do a number of other things, including “perform

repetitive or short-cycle work,” “work alone or apart in physical

isolation from others,” “perform effectively under stress,” or

“deal with people,” as well as “minimal ability to perform a

variety of duties[,] work under specific instructions, or

demonstrate reliability and consistency.”

In giving Candido’s opinions “little weight,” the ALJ

pointed out that his “notes show that [Johnson] at times had

clear or remarkably clear mental status”--the ALJ elaborated

3 elsewhere in the opinion that “many of Dr. Candido’s notes are

illegible, but those that are legible reflect clear or remarkably

clear mental status, as well as reports of improved mood.” The

ALJ also observed that, on the very same form on which Candido

had indicated his opinions as to Johnson’s severe limitations, he

had also noted that her “panic was less intense and less

frequent, her dissociative states were fewer in number, and her

mood was less depressed” (though her “concentration and memory

remained problematic”). The ALJ also relied on Johnson’s “own

report that she can complete simple tasks of two to three steps,”

as she stated on the “Function Report” she submitted to the SSA

in support of her application.

In attacking the ALJ’s handling of Candido’s opinions,

Johnson complains that “the ALJ indifferently dismisse[d] the

treatment notes as illegible,” rather than “[c]ontacting

[Candido] and asking for clarification.” But Johnson had been

represented by counsel for nearly a year by the time of the

hearing before the ALJ, so her attorney, by all rights, should

have been the one ensuring that the medical records he presented

in support of his client’s claim were legible. See Faria v.

Comm’r of Soc. Sec., 187 F.3d 621 (table), 1998 WL 1085810, at *1

(1st Cir. Oct. 2, 1998).

Offering her own interpretation of certain of Candido’s

notes in her motion, Johnson also argues that they in fact

4 contain “frequent notations” at odds with the ALJ’s observation

that they reflect favorably on her mental status. But, however

accurately Johnson may have deciphered the notes, the joint

statement of material facts--which Johnson, through counsel,

agreed to as “all facts pertinent to the resolution of the case,”

L.R. 9.3(d)--contains no support for her interpretation. To the

contrary, the statement describes Candido’s treatment notes as

“largely illegible,” and, aside from describing the note of

Johnson’s initial visit with Candido as documenting a “report of

panic,” says nothing further about them but that they “document

treatment approximately bi-weekly to twice weekly.”

On this record, the ALJ did not err in finding that what

Johnson admits are Candido’s “largely illegible” notes failed to

support his opinions as to her severe limitations--nor, for that

matter, in declining to do what Johnson’s counsel, both before

the ALJ and on appeal to this court, likewise declined to do.1

See Carrion v. Colvin, 2014 DNH 174, 7-8.

1 Johnson also remarks that “the ALJ was (with all due respect, miraculously) able to read the portions of the notes he could take in the light least favorable to her,” but “was apparently unable to read” the notations that allegedly support Johnson’s disability claim.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Oldham v. Astrue
509 F.3d 1254 (Tenth Circuit, 2007)
Carrion v. SSA
2014 DNH 174 (D. New Hampshire, 2014)
Chapin v. SSA
2012 DNH 177 (D. New Hampshire, 2012)
Comeau v. SSA
2013 DNH 145 (D. New Hampshire, 2013)
Scanlon v. SSA
2013 DNH 088 (D. New Hampshire, 2013)
Morin v. SSA
2011 DNH 091 (D. New Hampshire, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2015 DNH 051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoumen-johnson-v-ssa-nhd-2015.