Gutierrez v. Colvin

Filing 19

ORDER that this case is remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). The Clerk shall terminate this action. Signed by Judge David G Campbell on 8/25/14. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Juana Gutierrez,

No. CV-13-02168-PHX-DGC
Plaintiff,

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v.

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ORDER

Carolyn W. Colvin,

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Defendant.

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Pursuant to 42 U.S.C. § 405(g), Plaintiff Juana Gutierrez seeks judicial review of

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Defendant’s decision finding her not disabled within the meaning of the Social Security

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Act. Defendant, the Acting Commissioner of Social Security (“Commissioner”), has

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filed a motion to remand this case for further administrative proceedings pursuant to

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sentence four of 42 U.S.C. § 405(g). Doc. 15. The motions are fully briefed and no party

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has requested oral argument. The Court will remand this case for further administrative

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proceedings.

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I.

Background.

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Plaintiff applied for disability insurance benefits on June 23, 2010, alleging

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disability beginning on May 6, 2009. After a hearing on May 18, 2012, an administrative

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law judge (“ALJ”) issued an opinion on May 31, 2012 finding Plaintiff not disabled. A

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request for review was denied by the Appeals Council and the ALJ’s opinion became the

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Commissioner’s final decision.

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II.

Legal Standard.

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Defendant’s decision to deny benefits will be vacated “only if it is not supported

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by substantial evidence or is based on legal error.” Robbins v. Soc. Sec. Admin., 466

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F.3d 880, 882 (9th Cir. 2006).

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Commissioner’s determination, the Court cannot substitute its own determination. See

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Young v. Sullivan, 911 F.2d 180, 184 (9th Cir. 1990).

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III.

If there is sufficient evidence to support the

Analysis.

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Plaintiff advances five arguments as to why the ALJ’s decision was erroneous.

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First, she argues that the ALJ failed to properly weigh the medical source opinion of

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treating physician Dr. Moya. Doc. 13 at 11. Second, she argues that the ALJ failed to

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properly weigh the medical source opinion of examining physician Dr. Suarez. Id. at 14.

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Third, Plaintiff asserts that the ALJ failed to properly weigh her reported symptoms. Id.

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at 17. Fourth, she argues that the ALJ improperly rejected the testimony of her friend,

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Esther Macias. Id. at 21. Finally, she asserts that the ALJ’s vocational hypothetical was

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incomplete. Id. at 22.

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Defendant asks the Court to remand the case to the Appeals Council to enable the

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ALJ to update the treatment evidence on Plaintiff’s medical condition; to obtain evidence

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from a medical expert to clarify the nature and severity of Plaintiff’s impairment; to more

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clearly evaluate Dr. Suarez’s opinion and explain the reasons for the weight she gives this

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opinion evidence; to reconsider Plaintiff’s RFC on the updated record; to consider

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whether Plaintiff has past relevant work experience that she could perform with the

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limitations established by the evidence; and to secure supplemental evidence from a

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vocational expert to clarify the effect of the assessed limitations on Plaintiff’s

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occupational base. Doc. 15 at 2. Plaintiff opposes Defendant’s motion to remand and

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argues that the case should be remanded for an award of benefits based on the credit-as-

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true doctrine. Doc. 18 at 4-5. Because there are outstanding issues that have yet to be

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resolved, the Court will remand the case for further proceedings.

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In Smolen v. Chater, 80 F.3d 1273, 1292 (9th Cir. 1996), the Ninth Circuit held

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that evidence should be credited and an action remanded for an immediate award of

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benefits when the following three factors are satisfied: (1) the ALJ has failed to provide

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legally sufficient reasons for rejecting evidence; (2) there are no outstanding issues that

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must be resolved before a determination of disability can be made; and (3) it is clear from

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the record that the ALJ would be required to find the claimant disabled were such

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evidence credited. Remand for an award of benefits is appropriate where the record is

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“fully developed.” Reddick, 157 F.3d at 728.

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Assuming, without deciding, that the ALJ improperly discounted the medical

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opinions and testimony mentioned above, it is not clear that the ALJ would be required to

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find Plaintiff disabled if they were credited as true. As Plaintiff acknowledges (Doc. 13

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at 22), there is no vocational expert testimony considering all of the limitations assessed

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by Drs. Moya and Suarez in their medical opinions and explaining what jobs would be

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available to Plaintiff if any of the assessed limitations were accepted as true. Similarly,

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there is no vocational expert testimony considering all of the limitations alleged by

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Plaintiff and Esther Macias. Accordingly, it is not clear to the Court that the ALJ would

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be required to find Plaintiff disabled if any of these sources were credited as true. The

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Court will therefore remand the case for further proceedings.

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IT IS ORDERED that this case is remanded for further proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). The Clerk shall terminate this action.
Dated this 25th day of August, 2014.

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