Louis v. Commissioner of Social Security

Filing 26

ORDER Denying Defendant's Motion to Alter or Amend Judgment 21 , signed by Magistrate Judge Sandra M. Snyder on 9/11/2011. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALEXANDER K. LOUIS,

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Plaintiff,

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CASE NO. 1:10-cv-00656-SMS
ORDER DENYING DEFENDANT’S MOTION
TO ALTER OR AMEND JUDGMENT

v.
MICHAEL ASTRUE,
Commissioner of Social Security,

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(Doc. 21)
Defendant.

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Pursuant to F.R.Civ.P. 59(e), Defendant Michael Astrue, Commissioner of Social
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Security moves to alter or amend this Court’s judgment reversing the Commissioner’s denial of
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disability benefits to Plaintiff and remanding for payment of benefits. The Commissioner
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contends that reconsideration is necessary to correct the Court’s manifest error (1) in making
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independent findings about the medical evidence and (2) in determining that the Plaintiff’s severe
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impairment (psychotic disorder NOS), as determined by the Commissioner, satisfied the
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requirements of 20 C.F.R., Pt. 404, Subpt. P, App. 1, § 12.03. The Commissioner contends that
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only the Administrative Law Judge, who was the fact finder in this matter, was entitled to
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determine whether or not Plaintiff’s impairment satisfied the listing criteria. Plaintiff disagrees.
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This Court agrees with Plaintiff that the Court did not err in rejecting the ALJ’s findings of fact,
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accepting the opinion of the agency’s examining physician, and awarding benefits to Plaintiff.
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I.

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Motions to Alter or Amend Judgment
Rule 59(e) provides only that “[a] motion to alter or amend a judgment must be filed no

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later than 28 days after the entry of judgment.” Among other reasons, Rule 59(e) motion may be

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granted if “necessary to correct manifest errors of law or fact upon which the judgment is based.”

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Turner v. Burlington Northern Santa Fe Railroad Co., 338 F.3d 1058, 1063 (9th Cir. 2003)

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(emphasis omitted). Granting a Rule 59(e) motion is a matter of the district court’s discretion.

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Id. “[R]econsideration of a judgment after its entry is an extraordinary remedy which should be

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used sparingly.” McDowell v. Calderon, 197 F.3d 1253, 1255 n. 1 (9th Cir. 1999), cert. denied,

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529 U.S. 1082 (2000), quoting 11 Charles Alan Wright el al., Federal Practice and Procedure §

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2810.1 (2d ed. 1995). Neither the Court’s rejection of the Commissioner’s fact finding nor its

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determination that the medical evidence in the agency record satisfied the listing criteria

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constituted manifest error.

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II.

Commissioner’s Fact Finding
“The findings of the Commissioner of Social Security as to any fact, if supported by

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substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g) (emphasis added). Substantial

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evidence means “more than a mere scintilla” (Richardson v. Perales, 402 U.S. 389, 402 (1971)),

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but less than a preponderance. Sorenson v. Weinberger, 514 F.2d 1112, 1119 n. 10 (9th Cir.

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1975). It is “such relevant evidence as a reasonable mind might accept as adequate to support a

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conclusion.” Richardson, 402 U.S. at 401. A reviewing court must consider the record as a

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whole, weighing both the evidence that supports and the evidence that detracts from the

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Commissioner’s decision. Jones v. Heckler, 760 F.2d 993, 995 (9th Cir. 1985).

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In weighing the evidence and making findings, the Commissioner must apply the proper

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legal standards. See, e.g., Burkhart v. Bowen, 856 F.2d 1335, 1338 (9th Cir. 1988). The Court

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must uphold the ALJ’s determination that the claimant is not disabled if the ALJ applied the

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proper legal standards, and if the ALJ’s findings are supported by substantial evidence. See

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Tommasetti v. Astrue, 533 F.3d 1035, 1041 (9th Cir. 2008); Sanchez v. Secretary of Health and

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Human Services, 812 F.2d 509, 510 (9th Cir. 1987).

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As the Commissioner contends, the trier of fact is the final arbiter of conflicting or

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ambiguous evidence: this is only true, however, if the evidence can support either outcome.

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Tommasetti, 533 F.3d at 1041-42; Matney v. Sullivan, 981 F.2d 1016, 1019 (9th Cir. 1992). Here,

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substantial evidence did not support the ALJ’s determination. “Where the Commissioner fails to

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provide adequate reasons for rejecting the opinion of a treating or examining physician, we credit

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that opinion ‘as a matter of law.’” Lester v. Chater, 81 F.3d 821, 834 (9th Cir. 1995), quoting

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Hammock v. Bowen, 879 F.2d 498, 502 (9th Cir. 1989). When the Commissioner improperly

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rejects the claimant’s representations of his limitations and the claimant would be disabled if the

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claimant’s representations were credited, a court does not remand solely to allow the ALJ to

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make specific findings. Varney v. Secretary of Health and Human Services, 859 F.2d 1396, 1401

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(9th Cir. 1988).

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III.

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Assessment of Listing Criteria
When a claimant seeks timely review of the decision of the Commissioner, “[t]he court

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shall have the power to enter, upon the pleadings and transcript of the record, a judgment

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affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or

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without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The decision whether to

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remand to the Commissioner to award benefits is a matter of the Court’s discretion. McAllister

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v. Sullivan, 888 F.2d 599, 603 (9th Cir. 1989). “If additional proceedings can remedy defects in

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the original administrative proceedings, a social security case should be remanded. Where,

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however, a rehearing would simply delay receipt of benefits, reversal and an award of benefits is

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appropriate.” Id. Where, as is the case here, the record is fully developed and further

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administrative proceedings will serve no useful purpose, a reviewing court should simply reverse

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and award benefits. Varney, 859 F.2d at 1399.

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When a court determines that an ALJ erred in rejecting cognizable evidence, it may

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properly give that evidence the effect required by federal regulations. Schneider v.

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Commissioner of Social Security Admin., 223 F.3d 968, 976 (9th Cir. 2000). If the Court’s

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analysis makes clear that the claimant’s functional limitations meet or equal a listing, it may

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reverse and remand for payment of benefits. Id. When the claimant’s mental or physical
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impairments clearly satisfy a listing, “[n]o purpose would be served by remanding for further

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proceedings.” Lester, 81 F.3d at 834. A court may remand for payment of benefits when “(1)

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the ALJ has failed to give legally sufficient reason for rejecting such evidence; (2) there are no

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outstanding issues that must be resolve before a determination of disability can be made; and (3)

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it is clear from the record that the ALJ would be required to find the claimant disabled were such

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evidence credited.” Smolen v. Chater, 80 F.3d 1273, 1292 (9th Cir. 1996). See also Ramirez v.

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Shalala, 8 F.3d 1449, 1455 (9th Cir. 1993) (“Where the record is complete . . . we award benefits

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to the claimant.”); Rodriguez v. Bowen, 876 F.2d 759,763 (9th Cir. 1989) (“[W]e generally award

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benefits when no useful purpose would be served by further administrative proceedings.”);

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Swenson v. Sullivan, 876 F.2d 683, 689 (9th Cir. 1989) (“We may direct the award of benefits

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where no useful purpose would be served by further administrative proceedings and the record

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has been thoroughly developed.”); Winans v. Bowen, 853 F.2d 643, 647 (9th Cir. 1988) (where

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the court rejected the ALJ’s findings rejecting the opinion of a treating physician, it was free to

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accept the physician’s opinion and order payment of benefits without the necessity of remand).

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IV.

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Conclusion and Order
This Court did not err in reversing the ALJ’s unsupported findings and remanding for

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payment of benefits. The Commissioner’s motion to alter or amend the judgment in this action is

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HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
icido3

September 11, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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