Wilson v. Colvin

72 F. Supp. 3d 1159, 2014 U.S. Dist. LEXIS 169856, 2014 WL 6977544
CourtDistrict Court, D. Oregon
DecidedDecember 9, 2014
DocketNo. 1:13-CV-01914-BR
StatusPublished
Cited by1 cases

This text of 72 F. Supp. 3d 1159 (Wilson 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
Wilson v. Colvin, 72 F. Supp. 3d 1159, 2014 U.S. Dist. LEXIS 169856, 2014 WL 6977544 (D. Or. 2014).

Opinion

OPINION AND ORDER

BROWN, District Judge.

Plaintiff Matthew James Wilson seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which she denied Plaintiffs applications for Disability Insurance Benefits (DIB) under Title II of the Social Security Act and Supplemental Security Income (SSI) under Title XVI of the Social Security Act. This Court has jurisdiction to review the Commissioner’s final decision pursuant to 42 U.S.C. § 405(g).

On October 3, 2014, the Commissioner filed a Request'(# 17) to Remand for further administrative proceedings. The Court took this matter under advisement on November 10, 2014.

Following a review of the record, the Court REVERSES the Commissioner’s decision, GRANTS in part and DENIES in part the Commissioner’s Request, and REMANDS this matter for the immediate calculation and award of benefits.

ADMINISTRATIVE HISTORY

Plaintiff protectively filed his applications for SSI and DIB on August 23, 2010, and alleged a disability onset date of August 28, 2006. Tr. 204, 208.1 The applications were denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a hearing on August 7, 2012. Tr. 31-96. Plaintiff was represented by an attorney at the hearing. Plaintiff, a lay witness, and a vocational expert (VE) testified at the hearing.

[1162]*1162The ALJ issued a decision on September 21, 2012, in which he found Plaintiff is not disabled and, therefore; is not entitled to benefits. Tr. 7-24. Pursuant to 20 C.F.R. § 404.984(d), that decision became the final decision of the Commissioner on August 22, 2013, when the Appeals Council denied Plaintiffs request for review.

BACKGROUND

Plaintiff was born on July 13, 1968. Tr. 204. Plaintiff was 44 years old at the time of the hearing. Plaintiff graduated from high school and has two years of college. Tr. 255. Plaintiff has past relevant work experience as a “range cowboy,” horse trainer, horse shoer, ranch hand, and tree planter. Tr. 86, 285.

Plaintiff alleges disability due to bipolar disorder, a broken back, broken limbs, muscle spasms, problems with his left shoulder, and dizziness. Tr. 254.

Except when noted, Plaintiff does not challenge the ALJ’s summary of the medical evidence. After carefully reviewing the medical records, this Court adopts the ALJ’s summary of the medical evidence. See Tr. 15-18.

STANDARDS

The initial burden of proof rests on the claimant to establish disability. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). To meet this burden, a claimant must demonstrate his inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which ... has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). The ALJ must develop the record when there is ambiguous evidence or when the record is inadequate to allow for proper evaluation of the evidence. McLeod v. Astrue, 640 F.3d 881, 885 (9th Cir.2011) (quoting Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir.2001)).

The district court must affirm the Commissioner’s decision if it is based on proper legal standards and the findings are supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g). See also Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157, 1161 (9th Cir.2012). Substantial evidence is “relevant evidence that a reasonable mind might accept as adequate to support a conclusion.” Molina, 674 F.3d at 1110-11 (quoting Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009)). It is more than a mere scintilla [of evidence] but less than a preponderance. Id. (citing Valentine, 574 F.3d at 690).

The ALJ is responsible for determining credibility, resolving conflicts in the medical evidence, and resolving ambiguities. Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir.2009). The court must weigh all of the evidence whether it supports or detracts from the Commissioner’s decision. Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir.2008). Even when the evidence is susceptible to more than one rational interpretation, the court must uphold the Commissioner’s findings if they are supported by inferences reasonably drawn from the record. Ludwig v. Astrue, 681 F.3d 1047, 1051 (9th Cir.2012). The court may not substitute its judgment for that of the Commissioner. Widmark v. Barnhart, 454 .F.3d 1063, 1070 (9th Cir.2006).

DISABILITY ANALYSIS

I. The Regulatory Sequential Evaluation

At Step One the claimant is not disabled if the Commissioner determines the claimant is engaged in substantial gainful activity. 20 C.F.R. §§ 404.1520(a)(4)®, [1163]*1163416.920(a)(4)(i). See also Keyser v. Comm’r of Soc. Sec., 648 F.3d 721, 724 (9th Cir.2011).

At Step Two the claimant is not disabled if the Commissioner determines the claimant does not have any medically severe impairments or combination of impairments. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(h). See also Keyser, 648 F.3d at 724.

At Step Three the claimant is disabled if the Commissioner determines the claimant’s impairments meet or equal one of the listed impairments that the Commissioner acknowledges are so severe as to preclude substantial gainful activity. 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). See also Keyser, 648 F.3d at 724. The criteria for the listed impairments, known as Listings, are enumerated in 20 C.F.R. part 404, subpart P, appendix 1 (Listed Impairments).

If the Commissioner proceeds beyond Step Three, she must assess the claimant’s residual functional capacity (RFC).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
72 F. Supp. 3d 1159, 2014 U.S. Dist. LEXIS 169856, 2014 WL 6977544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-colvin-ord-2014.