Stewart v. Commissioner of Social Security Administration
Filing
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ORDER that the final decision of the Social Security Administration is AFFIRMED. The Clerk of the Court shall enter judgment accordingly and terminate this case. Signed by Judge Douglas L Rayes on 9/24/2019. (REK)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Darlene Jo Stewart,
Plaintiff,
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ORDER
v.
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No. CV-18-00801-PHX-DLR
Commissioner of Social Security
Administration,
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Defendant.
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Plaintiff Darlene Stewart seeks judicial review of the Social Security
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Administration’s decision to deny her application for disability insurance benefits. Stewart
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applied for benefits in October 2013, alleging that she became unable to work on May 31,
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2013, because of the effects of various impairments, including fibromyalgia, depression,
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and anxiety. (AR 39.) Stewart argues that the Administrative Law Judge (“ALJ”) failed
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to adequately account for the effects of her stress and anxiety. (Doc. 12.)
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The Court has jurisdiction pursuant to 42 U.S.C. § 405(g) and reviews only those
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issues raised by the party challenging the ALJ’s decision. See Lewis v. Apfel, 236 F.3d
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503, 517 n.13 (9th Cir. 2001). The ALJ’s determination will be upheld unless it contains
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harmful legal error or is not supported by substantial evidence. Orn v. Astrue, 495 F.3d
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625, 630 (9th Cir. 2007). Having reviewed the parties’ briefs and the administrative record,
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the Court affirms.
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1. The ALJ did not err by adopting the opinion of examining psychologist Dr.
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Douglas Smyth. During the initial hearing on Stewart’s disability insurance application,
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Stewart testified that she had anxiety and depression, which affected her concentration,
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memory, and mood. (AR 93-98.) Because the record lacked evidence of corroborating
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mental health treatment, the ALJ ordered a psychological examination. (Id. at 111-12.)
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Dr. Smyth evaluated Stewart in October 2016 and diagnosed her with somatic symptom
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disorder, unspecified anxiety disorder, and unspecified depressive disorder. (Id. at 609-
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15.) He opined that Stewart is mildly limited in understanding and remembering complex
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instructions, carrying out simple instructions, making judgments on complex work-related
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decisions, interacting appropriately with co-workers, and responding appropriately to usual
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work situations and changes in a routine work setting. (Id. at 606-608.) Dr. Smyth also
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opined that Stewart is moderately limited in her ability to interact with supervisors. (Id.)
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The ALJ adopted Dr. Smyth’s opinions, finding Stewart mildly limited in her ability to
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understand, remember, and apply information; maintain concentration, persistence, and
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pace; and adapt and manage herself. (Id. at 44.) The ALJ also found Stewart moderately
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limited in her ability to get along with supervisors and accordingly limited her to only
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occasional interaction with supervisors. (Id. at 44-45.)
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Stewart argues the ALJ erred by failing to acknowledge “the overall tone and
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implication” of Dr. Smyth’s report, which (in Stewart’s view) indicates that her anxiety is
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more limiting. (Doc. 12 at 6.) But if Dr. Smyth believed Stewart’s anxiety more
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significantly impacted her ability to function, he could and should have stated so. The ALJ
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was not required to intuit some implied meaning and did not err by adopting the opinions
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Dr. Smyth actually gave. To the extent Stewart argues Dr. Smyth’s report is ambiguous
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because of a perceived incongruity between his “tone” and his stated opinions, the ALJ is
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responsible for resolving such ambiguities and the Court must uphold the ALJ’s
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interpretation where, as here, it is a rational one. See Burch v. Barnhart, 400 F.3d 676, 679
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(9th Cir. 2005).
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2. The ALJ provided the requisite clear and convincing reasons, supported by
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substantial evidence, for discounting Stewart’s testimony concerning the severity of her
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anxiety. See Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir. 1996).
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For example, the ALJ reasonably determined that Stewart’s testimony was
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inconsistent with other evidence in the record. See Bray v. Comm’r of Soc. Sec. Admin.,
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554 F.3d 1219, 1227 (9th Cir. 2007). Stewart testified that her anxiety adversely affected
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her memory and concentration, but she raised this complaint with medical providers only
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once, and mental status examinations with her primary care physician repeatedly indicated
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normal orientation, attention span, and concentration. (AR 49, 354, 475, 483, 486.)
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Stewart claimed that she could not go anywhere without the assistance of her husband and
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that her husband helps her bathe, but she indicated to Dr. Smyth that she at least
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occasionally lives apart from her husband and that she could bathe independently. (Id. at
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272, 274, 612.) Stewart also reported that she could not wash dishes or load a dishwasher,
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but her husband stated that Stewart could perform these tasks. (Id. at 294, 612.) The ALJ
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reasonably determined that these contradictions raised doubts about the overall reliability
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of Stewart’s testimony. Orn, 495 F.3d at 636 (noting that, when determining what weight
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to give a claimant’s testimony, the ALJ may consider factors such as “inconsistencies in
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testimony or between testimony and conduct”).
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The ALJ also reasonably determined that Stewart’s ability to work notwithstanding
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her anxiety undermined her allegations of disabling symptoms. Gregory v. Bowen, 844
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F.2d 664, 666-67 (9th Cir. 1988) (finding that claimant’s back problems did not render her
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disabled because her condition “had remained constant for a number of years” yet “had not
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prevented her from working over that time”). Stewart alleged that she has experienced
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stress and anxiety since 2000, yet she was able to perform substantial gainful activity until
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2013 and there is no evidence that her anxiety worsened over time. (AR 68-69, 249, 270.)
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3. Because the ALJ accounted for the symptoms of Stewart’s anxiety that were
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adequately supported by the record, there is no basis to remand for a reassessment of
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Stewart’s residual functional capacity.
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//
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//
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IT IS ORDERED that the final decision of the Social Security Administration is
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AFFIRMED. The Clerk of the Court shall enter judgment accordingly and terminate this
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case.
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Dated this 24th day of September, 2019.
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Douglas L. Rayes
United States District Judge
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