Precious R. Waters v. Carolyn W. Colvin

Filing 19

MEMORANDUM DECISION AND ORDER by Magistrate Judge Stephen J. Hillman (sbu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION

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15 PRECIOUS R. WATERS,
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Plaintiff,
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18 CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
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Defendant.
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) CV 14-4019-SH
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) MEMORANDUM DECISION
) AND ORDER
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I. PROCEEDINGS

Plaintiff applied for SSI Benefits on October 4, 2001, alleging disability due to
depression, headaches and memory loss. A hearing before an ALJ was held in June 2013,
which resulted in a denial of the Application. The Appeals Council denied review on
March 27, 2014. This Action followed. The parties have consented to the jurisdiction of
the magistrate judge. The parties have filed their briefs, and defendant has filed the

28 Administrative Record. First the reasons discussed below, the Decision of the
Commissioner is reversed and remanded for further proceedings.
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II. DISCUSSION
The sole issue raised is whether the ALJ properly rejected the opinions of treating
psychiatrist Dr. Yacoub, who found that plaintiff had mentally disabling limitations.
(A.R. 299-300, 317-18).
The ALJ concluded that Dr. Yacoub’s evaluations (both performed in 2012) were
overly restrictive, given plaintiff’s positive response to psychotropic medication,
improved concentration and good daily activities, including an ability to attend some

9 college courses. (A.R. 20).
The ALJ specifically noted that by March, 2013 plaintiff still reported depressed
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11 mood, crying spells and a fear of “clowns”. However, the ALJ found that she had ceased
12 taking psychotropic medications due to losing insurance benefits. She was then re-started
13 on medications. The ALJ concluded that with medication, “her symptoms steadily
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However, the court finds that the ALJ’s stated reasons are not supported by a fair
16 reading of the medical record. Lester v. Chater, 81 F. 3d 821 (9th Cir. 1995). A March 7,
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2013 mental health assessment plaintiff reported depression and memory loss, and
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plaintiff was diagnosed with a Depressive Disorder (A.R. 341, 345). A May 10, 2013
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medical report indicated that plaintiff was “floridly psychotic”, believing that “clowns”
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were “everywhere”. Her psychotropic medications were increased.(A.R. 336). At a May
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24, 2013 evaluation, plaintiff was still experiencing hallucinations. She was “improving
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somewhat”, but was continued on her medications.
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Therefore, the ALJ’s rejection of Dr. Yacoub’s 2012 findings cannot be upheld,
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25 given the subsequent medical records of 2013. Moreover, the ALJ’s reliance on “good
26 daily activities”, including taking some college classes, is insubstantial. As plaintiff’s
27 stepmother explained, those two courses consisted of art and physical education, and the
28 plaintiff had difficulty remembering where her classes were, and required the
accompaniment of her stepmother for half a semester. (A.R. 55).
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Finally, the Commissioner seeks to have the court uphold the rejection of Dr.

2 Yacoub’s opinions because a reviewing psychiatrist, Dr. Rivera-Miya, concluded that
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plaintiff was able to perform unskilled work on a full-time basis with certain restrictions.
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The problems with this argument are 1) Dr. Rivera-Miya’s report was conducted in
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March 2012, a full year before the latest medical records in the Record; 2) the ALJ does
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not specifically state that he (in part) rejects Dr. Yacoub’s treating opinions because of
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Dr. Rivera-Maya’s opinions. The court may only consider the reasons articulated by the
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9 ALJ.
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III. CONCLUSION

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For the foregoing reasons, the Decision of the Commissioner is reversed and

12 remanded for further proceedings pursuant to Sentence Four of 42 U.S.C. Sec. 405 (g).
13 DATED: February 26, 2015
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STEPHEN J. HILLMAN
UNITED STATES MAGISTRATE JUDGE

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