Maria D Aguilar v. Michael J Astrue

Filing 21

MEMORANDUM OPINION AND ORDER by Magistrate Judge Victor B. Kenton, The decision of the ALJ will be affirmed. The Complaint will be dismissed with prejudice. (SEE ORDER FOR FURTHER DETAILS) (lmh)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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MARIA D. AGUILAR,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social
Security,

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Defendant.

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No. ED CV 10-01394-VBK
MEMORANDUM OPINION
AND ORDER
(Social Security Case)

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This matter is before the Court for review of the decision by the

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Commissioner of Social Security denying Plaintiff’s application for

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disability benefits.

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consented that the case may be handled by the Magistrate Judge.

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action arises under 42 U.S.C. §405(g), which authorizes the Court to

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enter judgment upon the pleadings and transcript of the record before

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the Commissioner.

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(“JS”), and the Commissioner has filed the certified Administrative

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Record (“AR”).

Pursuant to 28 U.S.C. §636(c), the parties have
The

The parties have filed the Joint Stipulation

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Plaintiff raises the following issues:

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1.

Whether

the Administrative Law Judge (“ALJ”) properly

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rejected Plaintiff’s testimony.
(JS at 4.)

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This Memorandum Opinion will constitute the Court’s findings of

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fact and conclusions of law.

After reviewing the matter, the Court

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concludes that the decision of the Commissioner must be affirmed.

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THE ALJ PROPERLY ASSESSED PLAINTIFF’S CREDIBILITY

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Plaintiff’s sole issue in this litigation is that the ALJ gave

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legally inadequate reasons in his decision to reject the subjective

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symptom and pain testimony of the Plaintiff.

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Plaintiff suffers from lupus, which the ALJ determined to be a

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severe impairment. (AR 22.)

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disabling joint pain and fatigue. (AR 27, 43-44, 183-189, 224-225,

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249-250, 286-287.) Indeed, in her testimony at the hearing before the

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ALJ (AR 38-63), Plaintiff offered substantial testimony as to her

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joint pain and related symptoms. (See AR at 46-51.)

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difficulty in holding a pen in her dominant hand; inability to write

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a page; dropping things held with her dominant hand; difficulty

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holding on to items; difficulty buttoning buttons with her dominant

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hand; difficulty opening up jars and doorknobs; difficulty raising her

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arm to shoulder level; difficulty showering and bathing; difficulty

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getting dressed; limitation on her ability to do household chores;

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difficulty sitting for more than an hour or half an hour at a time;

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difficulty

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difficulty lifting and carrying items; and pain-related limitations on

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her social life. (Id.)

standing;

As a result of this condition she claims

ability

to

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walk

for

at

most

This included

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minutes;

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In his decision, the ALJ devoted substantial discussion to the

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issue

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Plaintiff’s allegations of disabling symptoms are not supported by the

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evidence of record. (AR 29-30.)

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of

Plaintiff’s

Plaintiff

asserts

credibility,

that

the

ultimately

ALJ

gave

determining

inadequate

that

reasons

to

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discount her credibility.

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rejected her credibility because her symptom testimony lacks support

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in

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Plaintiff’s ability to do daily activities was incorrect. (See JS at

the

objective

medical

Indeed, Plaintiff’s view is that the ALJ

evidence,

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7-9.)

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far

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important,

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and

that

his

assessment

of

A review of the decision, however, reveals that the ALJ gave

contradicted the reasons provided.

more

extensive

reasons

Plaintiff

has

than
not,

Plaintiff
in

this

credits,

and

litigation,

equally

seriously

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The ALJ’s decision itself sets forth the reasons upon which he

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relied, and thus, Plaintiff’s fear that the justification for the

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ALJ’s rationale depends upon post-hoc reasoning is unfounded.

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Certainly,

there

are

elements

in

the

ALJ’s

analysis

which

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unfavorably compare the extent of Plaintiff claim of limitations due

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to pain and fatigue with the objective medical evidence. For example,

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with regard to the claim that she has difficulty holding things and

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doing tasks such as opening jars, the ALJ noted that she never made

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such complaints to her treating physicians. (AR 29.)

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Plaintiff

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intermittent joint pain, and there was no notation of pain in her

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hands until April 2009. (AR 29, 502.)

primarily

complained

repeatedly

of

As he noted,
occasional

or

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Significantly, the ALJ noted that the record is replete with

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entries that not only was Plaintiff’s joint pain intermittent, but it

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was relieved with such things as stretching and Ibuprofen or Tylenol.
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(AR 29, 502 [“Symptoms were relieved with stretching and mildly from

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ibuprofen or tylenol p.m.”].)

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The

ALJ

noted

that

while

Plaintiff

has

been

found

during

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examination to have swelling and tenderness in the bilateral hands

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and/or fingers, this was noted to be mild until April 2009. (AR 29,

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exhibits cited therein.)

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Consistent with the ALJ’s determination that Plaintiff’s joint

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problems with her hands did not cause the level of extreme difficulty

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in fine manipulation that Plaintiff claimed, he noted that she was

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referred for x-rays of the knee, but not for the hands, “further

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indicating the claimant’s complaints have not been significant with

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regard to her hands.” (AR 29.)

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Citing extensively from the medical records, the ALJ noted that

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Plaintiff’s joint pain was reported to be occasional, intermittent

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and/or mild in October 2007; January 2008; April 2008; September 2008;

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February 2009; March 2009; April 2009; and July 2009. (AR 29, with

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exhibit citations.)

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The ALJ also noted Plaintiff’s own statements, such as one she

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made during a medical examination in February 2008 when she described

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herself as having a “mild case of lupus” and denied having any

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significant health concerns related to the lupus. (AR 30, 301.)

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With regard to the effect of medications on her symptoms, the ALJ

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noted Plaintiff’s own admission that her “body hurts without my

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medications.” (AR 30, 154.)

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she is on her medications, she can do household chores such as

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cleaning and laundry. (AR 30, 155.)

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As such, Plaintiff indicated that when

All of these factors, cited explicitly in the ALJ’s decision, are
relevant to a credibility determination.
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Certainly, the ALJ can take

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note

of

a

discrepancy

or

contradiction

between

subjective

pain

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statements and the objective medical evidence in the record, although,

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as Plaintiff correctly notes, both the regulations and established

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case law prohibit this factor being utilized solely to determine

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credibility. The converse is true; i.e., that it is a relevant factor

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when considered with other credibility factors.

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ameliorative effect of medications is a factor in the credibility

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determination.

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such reference to the helpful effect of medications, especially during

Similarly, the

Related to this is the fact that Plaintiff made no

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her testimony before the ALJ.

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Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006).

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finding that Plaintiff does better when on her medications is the

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fact,

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compliant with her medications, which is also a credibility factor.

noticed

by

the

ALJ,

See Warre v. Commissioner of Social

that

she

is

Consistent with the

therefore

sometimes

not

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Certainly, the ALJ’s decision does not evidence an arbitrary

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discrediting of Plaintiff’s credibility, but rather, a careful reading

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of the record to make the requisite assessment.

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basis in the record to disturb the ALJ’s findings, which are clearly

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based on substantial evidence.

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The decision of the ALJ will be affirmed.

The Court finds no

The Complaint will be

dismissed with prejudice.
IT IS SO ORDERED.

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DATED: December 6, 2011

/s/
VICTOR B. KENTON
UNITED STATES MAGISTRATE JUDGE

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