1 EASTERN DISTRICT OF WASHINGTON Aug 13, 2025 2 SEAN F. MCAVOY, CLERK 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 ROBIN S.,1 No. 1:24-CV-3107-MKD
8 Plaintiff, ORDER AFFIRMING DECISION OF COMMISSIONER 9 v. ECF Nos. 6, 8 10 FRANK BISIGNANO, COMMISSIONER OF SOCIAL 11 SECURITY,2 Defendant. 12 13 14
15 1 To protect the privacy of plaintiffs in social security cases, the Court identifies 16 them by only their first names and the initial of their last names. See LCivR 5.2(c). 17 2 Frank Bisignano became the Commissioner of Social Security on May 7, 18 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank 19 Bisignano is substituted for Martin O’Malley as the defendant in this suit. No 20 further action need be taken to continue this suit. See 42 U.S.C. § 405(g). 1 Before the Court are the parties’ briefs. ECF Nos. 6, 8. Victoria Chhagan 2 and Amy Gilbrough represent Plaintiff; Special Assistant United States Attorneys
3 L. Jamala Edwards and Shata Stucky represent Defendant. The Court, having 4 reviewed the administrative record and the parties’ briefing, is fully informed. For 5 the reasons discussed below, the Court affirms the Commissioner’s decision.
6 JURISDICTION 7 Plaintiff filed applications for benefits on November 23, 2020, alleging 8 disability beginning January 26, 2020. Tr. 303-14. The applications were denied 9 initially and upon reconsideration. Tr. 78-79, 126-27. An Administrative Law
10 Judge (ALJ) held a hearing on April 14, 2023, Tr. 48-77, and issued an 11 unfavorable decision on July 26, 2023. Tr. 14-34. The Appeals Council denied 12 review on May 15, 2024. Tr. 1-6. Plaintiff appealed this final decision of the
13 Commissioner on July 18, 2024. ECF No. 1. The Court has jurisdiction over this 14 case pursuant to 42 U.S.C. § 405(g). 15 STANDARD OF REVIEW 16 A district court’s review of a final decision of the Commissioner of Social
17 Security is governed by 42 U.S.C. § 405(g). The scope of review under § 405(g) is 18 limited; the Commissioner’s decision will be disturbed “only if it is not supported 19 by substantial evidence or is based on legal error.” Hill v. Astrue, 698 F.3d 1153,
20 1158 (9th Cir. 2012) (citations omitted). “Substantial evidence” means “relevant 1 evidence [that] a reasonable mind might accept as adequate to support a 2 conclusion.” Id. at 1159 (quotation marks and citation omitted). Stated
3 differently, substantial evidence equates to “more than a mere scintilla[,] but less 4 than a preponderance.” Id. (quotation marks and citation omitted). In determining 5 whether the standard has been satisfied, a reviewing court must consider the entire
6 record as a whole rather than searching for supporting evidence in isolation. Id. 7 In reviewing a denial of benefits, a district court may not substitute its 8 judgment for that of the Commissioner. Edlund v. Massanari, 253 F.3d 1152, 9 1156 (9th Cir. 2001), as amended on reh’g (Aug. 9, 2001). If the evidence in the
10 record “is susceptible to more than one rational interpretation, [the court] must 11 uphold the ALJ’s findings if they are supported by inferences reasonably drawn 12 from the record.” Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012),
13 superseded on other grounds by 20 C.F.R. § 404.1502(a) (citation omitted). 14 Further, a district court “may not reverse an ALJ’s decision on account of an error 15 that is harmless.” Id. (citation omitted). An error is harmless “where it is 16 inconsequential to the [ALJ’s] ultimate nondisability determination.” Id. at 1115
17 (quotation marks and citations omitted). The party appealing the ALJ’s decision 18 generally bears the burden of establishing that it was harmed. Shinseki v. Sanders, 19 556 U.S. 396, 409-10 (2009).
20 1 FIVE-STEP EVALUATION PROCESS 2 A claimant must satisfy two conditions to be considered “disabled” within
3 the meaning of the Social Security Act. First, the claimant must be “unable to 4 engage in any substantial gainful activity by reason of any medically determinable 5 physical or mental impairment which can be expected to result in death or which
6 has lasted or can be expected to last for a continuous period of not less than twelve 7 months.” 42 U.S.C. § 1382c(a)(3)(A); see also § 423(d)(1)(A). Second, the 8 claimant’s impairment must be “of such severity that he is not only unable to do 9 his previous work[,] but cannot, considering his age, education, and work
10 experience, engage in any other kind of substantial gainful work which exists in 11 the national economy.” 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). 12 The Commissioner has established a five-step sequential analysis to
13 determine whether a claimant satisfies the above criteria. See 20 C.F.R. §§ 14 404.1520(a)(4)(i)-(v), 416.920(a)(4)(i)-(v). At step one, the Commissioner 15 considers the claimant’s work activity. 20 C.F.R. §§ 404.1520(a)(4)(i), 16 416.920(a)(4)(i). If the claimant is engaged in “substantial gainful activity,” the
17 Commissioner must find that the claimant is not disabled. 20 C.F.R. §§ 18 404.1520(b), 416.920(b). 19 If the claimant is not engaged in substantial gainful activity, the analysis
20 proceeds to step two. At this step, the Commissioner considers the severity of the 1 claimant’s impairment. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If the 2 claimant suffers from “any impairment or combination of impairments which
3 significantly limits [his or her] physical or mental ability to do basic work 4 activities,” the analysis proceeds to step three. 20 C.F.R. §§ 404.1520(c), 5 416.920(c). If the claimant’s impairment does not satisfy this severity threshold,
6 however, the Commissioner must find that the claimant is not disabled. Id. 7 At step three, the Commissioner compares the claimant’s impairment to 8 severe impairments recognized by the Commissioner to be so severe as to preclude 9 a person from engaging in substantial gainful activity. 20 C.F.R. §§
10 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the impairment is as severe or more 11 severe than one of the enumerated impairments, the Commissioner must find the 12 claimant disabled and award benefits. 20 C.F.R. §§ 404.1520(d), 416.920(d).
13 If the severity of the claimant’s impairment does not meet or exceed the 14 severity of the enumerated impairments, the Commissioner must pause to assess 15 the claimant’s “residual functional capacity.” Residual functional capacity (RFC), 16 defined generally as the claimant’s ability to perform physical and mental work
17 activities on a sustained basis despite his or her limitations, 20 C.F.R. §§ 18 404.1545(a)(1), 416.945(a)(1), is relevant to both the fourth and fifth steps of the 19 analysis.
20 1 At step four, the Commissioner considers whether, in view of the claimant’s 2 RFC, the claimant is capable of performing work that he or she has performed in
3 the past (past relevant work). 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). 4 If the claimant is capable of performing past relevant work, the Commissioner 5 must find that the claimant is not disabled. 20 C.F.R. §§ 404.1520(f), 416.920(f).
6 If the claimant is incapable of performing such work, the analysis proceeds to step 7 five. 8 At step five, the Commissioner considers whether, in view of the claimant’s 9 RFC, the claimant is capable of performing other work in the national economy.
10 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). In making this determination, 11 the Commissioner must also consider vocational factors such as the claimant’s age, 12 education, and past work experience. 20 C.F.R. §§ 404.1520(a)(4)(v),
13 416.920(a)(4)(v). If the claimant is capable of adjusting to other work, the 14 Commissioner must find that the claimant is not disabled. 20 C.F.R. §§ 15 404.1520(g)(1), 416.920(g)(1). If the claimant is not capable of adjusting to other 16 work, the analysis concludes with a finding that the claimant is disabled and is
17 therefore entitled to benefits. Id. 18 The claimant bears the burden of proof at steps one through four above. 19 Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999). If the analysis proceeds to
20 step five, the burden shifts to the Commissioner to establish that (1) the claimant is 1 capable of performing other work; and (2) such work “exists in significant 2 numbers in the national economy.” 20 C.F.R. §§ 404.1560(c)(2), 416.960(c)(2);
3 Beltran v. Astrue, 700 F.3d 386, 389 (9th Cir. 2012). 4 ALJ’S FINDINGS 5 At step one, the ALJ found Plaintiff engaged in substantial gainful activity
6 only during the third quarter of 2022, but found there was a continuous 12-month 7 period in which Plaintiff did not engage in substantial gainful activity. Tr. 19. At 8 step two, the ALJ found that Plaintiff has the following severe impairments: 9 shoulder arthroplasty, substance addiction disorder, posttraumatic stress disorder
10 (PTSD), personality disorder, attention deficit hyperactivity disorder (ADHD), 11 anxiety, and depression. Tr. 20. 12 At step three, the ALJ found Plaintiff does not have an impairment or
13 combination of impairments that meets or medically equals the severity of a listed 14 impairment. Tr. 20-21. The ALJ then concluded that Plaintiff had the RFC to 15 perform light work subject to the following limitations: 16 [Plaintiff] can occasionally reach overhead as well as frequently reach in the front or to the side bilaterally, and 17 she can frequently handle, finger, and feel bilaterally. She can occasionally climb ladders, ropes, and scaffolds and 18 occasionally crawl. [Plaintiff] is limited to work that involves simple repetitive tasks with no more than 19 superficial contact with the public and occasional interaction with coworkers with no tandem tasks. 20 Tr. 21. 1 At step four, the ALJ found Plaintiff incapable of performing her past 2 relevant work. Tr. 25. At step five, the ALJ found that, considering Plaintiff’s
3 age, education, work experience, RFC, and testimony from the vocational expert, 4 there were jobs that existed in significant numbers in the national economy that 5 Plaintiff could perform, including routing clerk, housekeeper, and production
6 assembler. Tr. 26-27. Therefore, the ALJ concluded Plaintiff was not under a 7 disability, as defined in the Social Security Act, from the alleged onset date of 8 January 26, 2020, through the date of the decision. Tr. 27. 9 ISSUES
10 Plaintiff seeks judicial review of the Commissioner’s final decision denying 11 her benefits. Plaintiff raises the following issues for review: 12 1. Whether ALJ properly evaluated the medical opinion evidence; and
13 2. Whether ALJ properly evaluated Plaintiff’s testimony. 14 ECF No. 6 at 1-2.3 15
16 3 To the extent Plaintiff’s Brief appears to allege errors at step five, the argument is 17 foreclosed because, as discussed below, the ALJ properly evaluated the medical 18 evidence and reasonably discounted Plaintiff’s testimony. Any restatement of 19 Plaintiff’s argument fails to establish error at step five. Stubbs-Danielson v.
20 Astrue, 539 F.3d 1169, 1175-76 (9th Cir. 2008). 1 DISCUSSION 2 A. Medical Opinion Evidence
3 For claims filed on or after March 27, 2017, new regulations apply that 4 change the framework for how an ALJ must evaluate medical opinion evidence. 5 Revisions to Rules Regarding the Evaluation of Medical Evidence, 2017 WL
6 168819, 82 Fed. Reg. 5844-01 (Jan. 18, 2017); 20 C.F.R. §§ 404.1520c, 416.920c. 7 The new regulations provide that the ALJ will no longer “give any specific 8 evidentiary weight . . . to any medical opinion(s) . . . .” Revisions to Rules, 2017 9 WL 168819, 82 Fed. Reg. 5844, at 5867-68; see 20 C.F.R. §§ 404.1520c(a),
10 416.920c(a). Instead, an ALJ must consider and evaluate the persuasiveness of all 11 medical opinions or prior administrative medical findings from medical sources. 12 20 C.F.R. §§ 404.1520c(a)-(b), 416.920c(a)-(b).
13 The factors for evaluating the persuasiveness of medical opinions and prior 14 administrative medical findings include supportability, consistency, relationship 15 with the claimant (including length of the treatment, frequency of examinations, 16 purpose of the treatment, extent of the treatment, and the existence of an
17 examination), specialization, and “other factors that tend to support or contradict a 18 medical opinion or prior administrative medical finding” (including, but not 19 limited to, “evidence showing a medical source has familiarity with the other
20 1 evidence in the claim or an understanding of our disability program’s policies and 2 evidentiary requirements”). 20 C.F.R. §§ 404.1520c(c)(1)-(5), 416.920c(c)(1)-(5).
3 Supportability and consistency are the most important factors, and therefore the 4 ALJ is required to explain how both factors were considered. 20 C.F.R. §§ 5 404.1520c(b)(2), 416.920c(b)(2). Supportability and consistency are explained in
6 the regulations: 7 Supportability. The more relevant the objective medical evidence and supporting explanations presented by a 8 medical source are to support his or her medical opinion(s) or prior administrative medical finding(s), the more 9 persuasive the medical opinions or prior administrative medical finding(s) will be. 10 Consistency. The more consistent a medical opinion(s) or 11 prior administrative medical finding(s) is with the evidence from other medical sources and nonmedical 12 sources in the claim, the more persuasive the medical opinion(s) or prior administrative medical finding(s) will 13 be.
14 20 C.F.R. §§ 404.1520c(c)(1)-(2), 416.920c(c)(1)-(2) (emphases added). The ALJ 15 may, but is not required to, explain how the other factors were considered. 20 16 C.F.R. §§ 404.1520c(b)(2), 416.920c(b)(2). However, when two or more medical 17 opinions or prior administrative findings “about the same issue are both equally 18 well-supported . . . and consistent with the record . . . but are not exactly the same,” 19 the ALJ is required to explain how “the other most persuasive factors in paragraphs 20 1 (c)(3) through (c)(5)” were considered. 20 C.F.R. §§ 404.1520c(b)(3), 2 416.920c(b)(3).
3 The Ninth Circuit addressed the issue of whether the changes to the 4 regulations displace the longstanding case law requiring an ALJ to provide specific 5 and legitimate reasons to reject an examining provider’s opinion. Woods v.
6 Kijakazi, 32 F.4th 785, 787 (9th Cir. 2022). The Court held that the new 7 regulations eliminate any hierarchy of medical opinions, and the specific and 8 legitimate standard no longer applies. Id. The Court reasoned the “relationship 9 factors” remain relevant under the new regulations, and thus the “ALJ can still
10 consider the length and purpose of the treatment relationship, the frequency of 11 examinations, the kinds and extent of examinations that the medical source has 12 performed or ordered from specialists, and whether the medical source has
13 examined the claimant or merely reviewed the claimant's records.” Id. at 792. 14 However, the ALJ is not required to make specific findings regarding the 15 relationship factors. Id. Even under the new regulations, an ALJ must provide an 16 explanation supported by substantial evidence when rejecting an examining or
17 treating doctor’s opinion as unsupported or inconsistent. Id. 18 Plaintiff argues the ALJ improperly evaluated the opinion of Dr. 19 Billinghurst. ECF No. 6 at 4-11. The ALJ found Dr. Billinghurst opined Plaintiff
20 “can perform light work that requires no more than occasional reaching.” Tr. 24. 1 The ALJ found this opinion “not entirely persuasive”: “Dr. Billinghurst supports 2 his opinion by noting the claimant’s history of bilateral rotator cuff injuries/repairs;
3 however, the absence of any other limitations, such as limitations in climbing 4 ladders and ropes or crawling, is inconsistent with this.” Tr. 24. 5 Plaintiff cursorily argues “Dr. Billinghurst’s opinion is neither well
6 supported nor consistent with the medical evidence of record.” ECF No. 6 at 11. 7 Plaintiff fails to sufficiently grapple with the ALJ’s reasoning and instead posits a 8 competing interpretation of the record. See id. at 5-10; Molina, 674 F.3d at 1111. 9 Plaintiff thus has failed to show that the ALJ committed harmful error. See Ludwig
10 v. Astrue, 681 F.3d 1047, 1054 (9th Cir. 2012) (holding that the party challenging 11 an administrative decision bears the burden of proving harmful error) (citing 12 Shinseki v. Sanders, 556 U.S. 396, 407-09 (2009)). The Court concludes the ALJ
13 did not err in evaluating the medical opinion evidence. 14 B. Plaintiff’s Testimony 15 Plaintiff faults the ALJ for failing to rely on reasons that were clear and 16 convincing in discrediting her symptom claims. ECF No. 6 at 11-14. An ALJ
17 engages in a two-step analysis to determine whether to discount a claimant’s 18 testimony regarding subjective symptoms. SSR 16-3p, 2016 WL 1119029, at *2 19 (Mar. 16, 2016). “First, the ALJ must determine whether there is objective
20 medical evidence of an underlying impairment which could reasonably be 1 expected to produce the pain or other symptoms alleged.” Molina, 674 F.3d at 2 1112 (quotation marks and citation omitted). “The claimant is not required to
3 show that [the claimant’s] impairment could reasonably be expected to cause the 4 severity of the symptom [the claimant] has alleged; [the claimant] need only show 5 that it could reasonably have caused some degree of the symptom.” Vasquez v.
6 Astrue, 572 F.3d 586, 591 (9th Cir. 2009) (quotation marks and citation omitted). 7 Second, “[i]f the claimant meets the first test and there is no evidence of 8 malingering, the ALJ can only reject the claimant’s testimony about the severity of 9 the symptoms if [the ALJ] gives ‘specific, clear and convincing reasons’ for the
10 rejection.” Ghanim v. Colvin, 763 F.3d 1154, 1163 (9th Cir. 2014) (citation and 11 footnote omitted). General findings are insufficient; rather, the ALJ must identify 12 what symptom claims are being discounted and what evidence undermines these
13 claims. Id. (quoting Lester v. Chater, 81 F.3d 821, 834 (9th Cir. 1995) , as 14 amended (Apr. 9, 1996)); Thomas v. Barnhart, 278 F.3d 947, 958 (9th Cir. 2002) 15 (requiring the ALJ to sufficiently explain why it discounted claimant’s symptom 16 claims)). “The clear and convincing [evidence] standard is the most demanding
17 required in Social Security cases.” Garrison v. Colvin, 759 F.3d 995, 1015 (9th 18 Cir. 2014) (quoting Moore v. Comm’r of Soc. Sec. Admin., 278 F.3d 920, 924 (9th 19 Cir. 2002)) (quotation marks omitted).
20 1 Factors to be considered in evaluating the intensity, persistence, and limiting 2 effects of a claimant’s symptoms include: (1) daily activities; (2) the location,
3 duration, frequency, and intensity of pain or other symptoms; (3) factors that 4 precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and 5 side effects of any medication an individual takes or has taken to alleviate pain or
6 other symptoms; (5) treatment, other than medication, an individual receives or has 7 received for relief of pain or other symptoms; (6) any measures other than 8 treatment an individual uses or has used to relieve pain or other symptoms; and (7) 9 any other factors concerning an individual’s functional limitations and restrictions
10 due to pain or other symptoms. SSR 16-3p, 2016 WL 1119029, at *7; 20 C.F.R. § 11 416.929(c)(3). The ALJ is instructed to “consider all of the evidence in an 12 individual’s record,” to “determine how symptoms limit ability to perform work-
13 related activities.” SSR 16-3p, 2016 WL 1119029, at *2. 14 The ALJ found that Plaintiff’s medically determinable impairments could 15 reasonably be expected to cause some of the alleged symptoms, but that Plaintiff’s 16 statements concerning the intensity, persistence, and limiting effects of her
17 symptoms were not entirely consistent with the evidence. Tr. 22. 18 The ALJ offered numerous reasons to discount Plaintiff’s testimony, at least 19 two of which the Court finds well supported. First, the ALJ discounted Plaintiff’s
20 testimony as inconsistent with her improvement with treatment. Tr. 22-23. 1 “[E]vidence of medical treatment successfully relieving symptoms can undermine 2 a claim of disability.” Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017)
3 (citing 20 C.F.R. §§ 404.1520a(c)(1), 416.920a(c)(1)). Substantial evidence 4 supports this ground. See, e.g., Tr. 932 (June 7, 2021, treatment note indicating, 5 among other things, Plaintiff “is doing well,” “has very good range of motion,” and
6 may “start looking for work”); Tr. 1085-86 (March 8, 2022, treatment note 7 indicating Plaintiff “was quite active over the weekend trying to work on her 8 truck … [and] has been extremely sore since,” but is “progressing as expected”); 9 Tr. 1142 (June 23, 2022, treatment note indicating Plaintiff “has not been seen
10 since February and apparently has not been in therapy either,” “note[s] that she has 11 gotten a lot better over the last couple of months,” shows “[d]efinite improvement 12 in the last couple of months with range of motion, strength and function,” and “is
13 actually working now”). The ALJ thus reasonably relied on this ground to 14 discount Plaintiff’s testimony. 15 Second, the ALJ discounted Plaintiff’s testimony as inconsistent with the 16 nature of her mental health treatment. Tr. 23. “[A] claimant’s failure to assert a
17 good reason for not seeking treatment . . . can cast doubt on the sincerity” of the 18 testimony and an ALJ may discount a claimant’s testimony when the “level or 19 frequency of treatment is inconsistent with the level of complaints.” Molina, 674
20 F.3d at 1113-14 (quotations and citations omitted). The ALJ found Plaintiff’s 1 “treatment has generally been limited to routine outpatient care with therapy and 2 psychotropic medication management, and mental status examinations evidence
3 good overall functioning.” Tr. 23. Plaintiff does not challenge the ALJ’s finding 4 and thus fails to show the ALJ harmfully erred by discounting Plaintiff’s testimony 5 on this ground. See Ludwig, 681 F.3d at 1054 (citing Shineski, 556 U.S. at 407-
6 09). 7 Because the ALJ gave at least two valid reasons for discounting Plaintiff’s 8 testimony, the Court need not address the balance of the ALJ’s stated reasons for 9 discounting Plaintiff’s testimony. Any inclusion of erroneous reasons was
10 inconsequential and therefore harmless. See Carmickle v. Comm’r, Soc. Sec. 11 Admin., 533 F.3d 1155, 1162 (9th Cir. 2008). 12 CONCLUSION
13 Having reviewed the record and the ALJ’s findings, the Court concludes the 14 ALJ’s decision is supported by substantial evidence and free of harmful legal error. 15 Accordingly, IT IS HEREBY ORDERED: 16 1. The District Court Executive is directed to substitute Frank Bisignano as
17 Defendant and update the docket sheet. 18 2. Plaintiff’s Brief, ECF No. 6, is DENIED. 19 3. Defendant’s Brief, ECF No. 8, is GRANTED.
20 4. The Clerk’s Office shall enter JUDGMENT in favor of Defendant. 1 The District Court Executive is directed to file this Order, provide copies to 2 the parties, and CLOSE THE FILE.
3 DATED August 13, 2025. 4 s/Mary K. Dimke MARY K. DIMKE 5 UNITED STATES DISTRICT JUDGE 6 7 8 9
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