Stoltzner v. Commissioner of Social Security

Filing 23

ORDER AFFIRMING Decision of the Commissioner of Social Security signed by Magistrate Judge Erica P. Grosjean on 12/6/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDY D. STOLTZNER,
Plaintiff,

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v.

Case No. 1:16-cv-01490-EPG
FINAL JUDGMENT AND ORDER
REGARDING PLAINTIFF’S SOCIAL
SECURITY COMPLAINT

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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This matter is before the Court on the Plaintiff’s complaint for judicial review of an

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unfavorable decision of the Commissioner of the Social Security Administration regarding his

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application for Disability Insurance Benefits and Supplemental Security Income. The parties have

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consented to entry of final judgment by the United States Magistrate Judge under the provisions

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of 28 U.S.C. § 636(c), with any appeal to the Court of Appeals for the Ninth Circuit.

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The court, having reviewed the record, administrative transcript, the briefs of the parties,
the applicable law, and having heard oral argument, finds as follows:

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In formulating the residual functioning capacity (RFC) assessment in this case, the

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Administrative Law Judge (“ALJ”) noted that Plaintiff alleges disability due to seizures, memory

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loss, and degenerative arthritis significantly limiting his ability to perform basic work activities.

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AR 16. The ALJ concluded that Plaintiff’s “medically determinable impairments could

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reasonably be expected to cause the alleged symptoms; however, [Plaintiff’s] statements

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concerning the intensity, persistence and limiting effects of these symptoms are not entirely

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credible for the reasons explained in this decision.” Id.

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Plaintiff argues that the ALJ failed to give specific, clear and convincing reasons, for

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discrediting his testimony. See Burrell v. Colvin, 775 F.3d 1133, 1137 (9th Cir. 2014) (providing

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that an ALJ must provide “specific, clear, and convincing reasons” for rejecting the testimony of

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the claimant where the claimant has presented evidence of an underlying impairment and there is

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no evidence of malingering) (citing Molina v. Astrue, 674 F.3d 1104, 1112 (9th Cir. 2012);
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Bunnell v. Sullivan, 947 F.2d 341 (9th Cir. 1991)). The Court disagrees.
On pages 16-21 of the administrative decision, the ALJ provided extensive reasoning for

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partially discrediting Plaintiff’s symptom testimony. The ALJ noted that there is “very little

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evidence of treatment in the record” and then proceeded to summarize the medical evidence. AR

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16. According to the ALJ, the sparsity of medical treatment was inconsistent with what “one

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would expect for a person alleging such incapacitating symptoms,” and the little medical

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treatment received “has been routine and conservative.” AR 20. The ALJ further found that the

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medical record revealed that Plaintiff “failed to follow-up orthopedic and neurological

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consultation requests made by the treating doctor, which suggests that the symptoms may not

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have been as serious as has been alleged in connection with this application and appeal.” Id.

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Next, the ALJ pointed out that Plaintiff’s “varied and wide range of activities of daily living”

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were not “fully consistent with allegations of total disability.” AR 20-21 (describing Plaintiff’s

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daily living activities). Additionally, the ALJ noted that Plaintiff’s work history was sporadic

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prior to the alleged disability onset date, making it questionable whether Plaintiff’s “continuing

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unemployment is actually due to medical impairments.” AR 20. Finally, the ALJ indicated that

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Plaintiff’s “testimony, appearance and demeanor did not fully support his contentions.” AR 20

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(indicating that Plaintiff stated he could only sit for 20 minutes, but sat through a 45 minute

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hearing while not displaying issues with concentration or an inability to answer questions, follow

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directions, or remember details).

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In light of the above, the undersigned concludes that the ALJ provided specific, clear and

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convincing reasons for partially discrediting Plaintiff’s symptom testimony. While the Court

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would have preferred a more articulated explanation concerning the inconsistency Plaintiff’s

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testimony with his daily activities, the Court does not find legal error in light of the other specific,

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clear and convincing reasons provided by the ALJ.

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Accordingly, for the reasons announced by the Court on the record at the conclusion of

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the parties’ oral argument on December 5, 2017, the court finds that the decision of the

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Commissioner of Social Security is supported by substantial evidence, and the same is hereby

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affirmed.
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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
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Dated:

December 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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