Crawford v. Colvin
Filing
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ORDER Denying Plaintiff's 16 Motion for Summary Judgment and Granting Defendant's 19 Motion for Summary Judgment. Signed by Judge John A. Houston on 5/4/2017. (ag)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 15cv02151 JAH-BLM
AARMAYL CRAWFORD,
Plaintiff,
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v.
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ORDER DENYING PLAINTIFF'S
MOTION FOR SUMMARY
JUDGMENT AND GRANTING
DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT
[Doc. Nos. 16, 19]
CAROLYN W. COLVIN, Commissioner
of Social Security,
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Defendant.
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INTRODUCTION
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Aarmyl Crawford (“Plaintiff”), filed this action seeking judicial review of a final
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decision of the Commissioner of the Social Security Administration (“Defendant”) denying
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Plaintiff’s claim for Supplemental Security Income disability benefits pursuant to 42
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U.S.C. section 1383(c).
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Plaintiff filed a motion for summary judgment seeking reversal or remand of the
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Defendant’s decision.
Defendant filed a cross-motion for summary judgment and
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opposition to Plaintiff’s motion for summary judgment. Plaintiff filed a reply in support
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of his motion for summary judgment. After a thorough review of the parties’ submissions,
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along with the entire record submitted in this matter, and for the reasons set forth below,
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this Court DENIES Plaintiff’s motion for reversal or remand of the Commissioner’s
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administrative decision, and GRANTS Defendant’s cross-motion for summary judgment.
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BACKGROUND
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I. Factual Background
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Plaintiff, who was born on October 20, 1967, is currently 49 years of age. AR1 at
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213. He has past relevant work experience in construction and alleges he has been disabled
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since June 24, 2011. AR at 74-75, 213.
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II. Procedural Background
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On December 22, 2008, Plaintiff filed an application for disability insurance benefits
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and an application for supplemental security income alleging a disability beginning
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December 8, 2007. AR at 88. Following a hearing, an administrative law judge (“ALJ”)
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issued an unfavorable decision on June 23, 2011. AR at 85. Plaintiff did not seek further
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review.
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On January 7, 2013, Plaintiff filed an application for supplemental security income
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asserting a disability beginning June 24, 2011. AR at 213. The Commissioner of the Social
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Security Administration denied the claim on May 24, 2013, and again denied the claim
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upon reconsideration on November 5, 2013. AR at 136, 143. Plaintiff filed a request for
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a hearing, and appeared and testified at the hearing on February 26, 2015. AR at 71, 149.
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The ALJ issued an unfavorable decision on April 3, 2015. AR at 39. Plaintiff filed a
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request for review of the ALJ’s decision and the Appeals Council denied the request. AR
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at 1-4.
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Plaintiff filed the instant complaint on September 28, 2015. See Doc. No. 1.
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Defendant filed an answer on December 14, 2015. See Doc. No. 13. Thereafter, Plaintiff
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filed the pending motion seeking reversal or remand of the Commissioner’s administrative
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and Defendant filed a cross-motion for summary judgment and opposition. See Doc. Nos.
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AR refers to the administrative record lodged with this Court.
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16, 19. Plaintiff filed a reply brief in opposition to Defendant’s cross-motion for summary
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judgment. See Doc. No. 21.
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DISCUSSION
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I.
Legal Standards
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A.
Qualifying for Disability Benefits
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To qualify for disability benefits under the Act, an applicant must show that: (1) he
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suffers from a medically determinable impairment that can be expected to result in death
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or that has lasted or can be expected to last for a continuous period of not less than twelve
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months; and (2) the impairment renders the applicant incapable of performing the work
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that he previously performed or any other substantially gainful employment that exists in
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the national economy. See 42 U.S.C. § 423(d)(1)(A), 2(A). An applicant must meet both
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requirements to be “disabled.” Id.
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The Secretary of the Social Security Administration has established a five-step
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sequential evaluation process for determining whether a person is disabled. 20 C.F.R. §§
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404.1520, 416.920. Step one determines whether the claimant is engaged in “substantial
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gainful activity.” If he is, disability benefits are denied. 20 C.F.R. §§ 404.1520(b),
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416.920(b). If he is not, the decision maker proceeds to step two, which determines
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whether the claimant has a medically severe impairment or combination of impairments.
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If the claimant does not have a severe impairment or combination of impairments,
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the disability claim is denied. 20 C.F.R. §§ 404.1520(c), 416.920(c). If the impairment is
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severe, the evaluation proceeds to the third step, which determines whether the impairment
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is equivalent to one of a number of listed impairments that the Secretary acknowledges are
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so severe as to preclude substantial gainful activity. 20 C.F.R. §§ 404.1520(d); 20 C.F.R.
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Part 404 Appendix 1 to Subpart P. If the impairment meets or equals one of the listed
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impairments, the claimant is conclusively presumed to be disabled. If a condition “falls
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short of the [listing] criterion” a multiple factor analysis is appropriate. Celaya v. Halter,
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332 F.3d 1177, 1181 (9th Cir. 2003). Of such analysis, “the Secretary shall consider the
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combined effect of all the individual’s impairments without regard to whether any such
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impairment, if considered separately, would be of such severity.” Id. at 1182 (quoting 42
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U.S.C. § 423(d)(2)(B)).
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If the impairment is not one that is conclusively presumed to be disabling, the
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evaluation proceeds to the fourth step, which determines whether the impairment prevents
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the claimant from performing work she has performed in the past. If the claimant cannot
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perform her previous work, the fifth and final step of the process determines whether she
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is able to perform other work in the national economy considering her age, education, and
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work experience. The claimant is entitled to disability benefits only if she is not able to
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perform other work. 20 C.F.R. §§ 404.1520(g)(1), 416.920(g)(1).
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B.
Judicial Review of an ALJ’s Decision
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Section 405(g) of the Act allows unsuccessful applicants to seek judicial review of
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a final agency decision of the Commissioner. 42 U.S.C. § 405(g). The scope of judicial
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review is limited. The Commissioner’s denial of benefits “will be disturbed only if it is
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not supported by substantial evidence or is based on legal error.” Brawner v. Secretary of
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Health and Human Servs., 839 F.2d 432, 433 (9th Cir. 1988) (citing Green v. Heckler, 803
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F.2d 528, 529 (9th Cir. 1986)).
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Substantial evidence means “more than a mere scintilla” but less than a
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preponderance. Sandgathe v. Charter, 108 F.3d 978, 980 (9th Cir. 1997)(citation omitted).
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“[I]t is such relevant evidence as a reasonable mind might accept as adequate to support a
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conclusion.” Id. (quoting Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995)). The
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Court must consider the record as a whole, weighing both the evidence that supports and
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detracts from the Commissioner’s conclusions. Desrosiers v. Secretary of Health &
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Human Servs., 846 F.2d 573, 576 (9th Cir. 1988)(citing Jones v. Heckler, 760 F.2d 993,
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995 (9th Cir. 1985)). If the evidence supports more than one rational interpretation, the
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Court must uphold the ALJ’s decision. Allen v. Heckler, 749 F.2d 577, 579 (9th Cir.
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1984)(citing Allen v. Secretary of Health and Human Servs., 726 F.2d 1470, 1473 (9th Cir.
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1984). When the evidence is inconclusive, “questions of credibility and resolution of
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conflicts in the testimony are functions solely of the Secretary.” Sample v. Schweiker, 694
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F.2d 639, 642 (9th Cir. 1982).
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However, even if the reviewing court finds that substantial evidence supports the
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ALJ’s conclusions, the Court must set aside the decision if the ALJ failed to apply the
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proper legal standards in weighing the evidence and reaching a decision. See Benitez v.
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Califano, 573 F.2d 653, 655 (9th Cir. 1978). Section 405(g) permits a court to enter a
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judgment affirming, modifying, or reversing the Commissioner’s decision. 42 U.S.C. §
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405(g).
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Administrator for further proceedings. Id. “If additional proceedings can remedy defects
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in the original administrative proceeding, a social security case should be remanded.”
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Marcia v. Sullivan, 900 F.2d 172, 176 (9th Cir. 1990) (quoting Lewin v. Schweiker, 654
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F.2d 631, 635 (9th Cir. 1981)).
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II.
The reviewing court may also remand the matter to the Social Security
The ALJ’s Decision
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In the present case, the ALJ found Plaintiff had not engaged in substantial gainful
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activity since December 30, 2012, and has severe impairments, including a cognitive
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disorder and mood disorder with anxiety, that cause more than minimal limitations on
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Plaintiff’s ability to perform basic work activities. AR at 44, 45. The ALJ determined
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Plaintiff does not have an impairment or combination of impairments that meet or are
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medically equal in severity to one of the listed impairments in 20 CFR Part 404 Subpart P,
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Appendix 1. Id. In making this determination, the ALJ found Plaintiff has no restrictions
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in daily living, moderate difficulties in social functioning and moderate difficulties in
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concentration, persistence or pace. Id. Additionally, the ALJ found the evidence did not
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document any episodes of decompensation of extended duration within the period at issue,
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and there was no evidence to suggest a complete inability to function independently outside
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the area of one’s home. Id.
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The ALJ found Plaintiff has the residual functional capacity to perform a full range
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of work at all exertional levels but with the non-exertional limitation of simple repetitive
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work tasks in a non-public work environment. Id. at 46. In making the finding, the ALJ
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considered all symptoms and the extent the symptoms can reasonably be accepted as
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consistent with objective medical evidence, and opinion evidence. Id. The ALJ found the
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evidence failed to support Plaintiff’s allegations of disabling symptoms and limitations.
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AR at 47. The ALJ determined the record does not document changed circumstances
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sufficient to rebut the presumption of continuing non-disability. Id. The ALJ relied upon
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a consultative internal medicine evaluation in April 2013, performed by Dr. Dao. The ALJ
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rejected the opinion of Dr. Brolaski who, the ALJ found, assessed limitations unsupported
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by the medical evidence of record, and rejected the opinion of Plaintiff’s non-medical
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advocate which the ALJ described as having “inherent subjectivity/advocacy,
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vagueness/lack of functional specificity” and generally inconsistent with objective medical
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evidence of record. AR at 48. The ALJ also determined Plaintiff’s pain complaints were
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disproportionate to the objective evidence. Id.
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The ALJ determined Plaintiff was unable to perform any past relevant work but there
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were jobs that exist in significant numbers in the national economy he could perform. AR
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at 49. Ultimately, the ALJ concluded Plaintiff had not been under a disability as defined
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by the Act from the date of his application. AR at 50.
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III.
Analysis
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Plaintiff seeks reversal or remand of the instant matter. He argues the ALJ violated
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20 CFR section 404.1527 by failing to evaluate and explain pertinent portions of the
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medical evidence of record.
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impairment evidence and physical impairment evidence. He further argues the ALJ
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committed reversible error in evaluating the severity of his depression and failing to find
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his depression is a severe impairment. Plaintiff maintains the unrebutted evidence of
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record from examining and treating medical providers documents his depression is
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moderately severe to severe.
Plaintiff contends the ALJ ignored the neurological
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Additionally, he argues the ALJ’s finding the Plaintiff is capable of “simple work
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tasks with no public contact” is not based on substantial evidence. He contends the reasons
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for rejecting the opinions of Plaintiff’s treating doctors is flawed. He further contends the
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ALJ failed to do a comprehensive review of the current medical records and failed to
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provide a rational basis for disregarding new evidence in finding the record did not
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document changed circumstances sufficient to rebut the presumption of non-disability.
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Defendant maintains the ALJ’s obligation was to determine whether to apply the
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presumption of continuing non-disability and give effects to the prior ALJ’s findings,
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which the ALJ did. Defendant argues the ALJ properly found Plaintiff failed to rebut the
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presumption of continuing non-disability because the only changed evidence in the new
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record is that Plaintiff’s polysubstance abuse is no longer active and Plaintiff remained able
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to perform simple repetitive tasks in a non-public work environment. Defendant contends
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the ALJ found the change failed to rebut the presumption of continuing non-disability and
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the ALJ was bound by the ALJ’s prior findings with respect to severe impairments, residual
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functional capacity or any other factors within Plaintiff’s vocational profile.
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Defendant further contends Plaintiff may use medical opinions/records relating to
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that earlier period and/or considered by the prior ALJ in support of his claim that he became
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disabled after July 2011, but they are less persuasive than they might be otherwise, because
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they were already considered and did not show disability and such evidence does not get
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stronger with the passage of time. Defendant also maintains Plaintiff refers to the opinions
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of Drs. Pena, Naimark and Carroll which relate to the period the prior ALJ considered, and
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the current ALJ specifically referred to the opinions in his decision. Defendant also argues
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Plaintiff contends the ALJ ignored medical evidence relating to his neurological
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impairments, but he refers to recurring issues that the current and prior ALJ considered,
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and has not provided evidence of greater limitations. Defendant maintains Plaintiff
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presented no evidence of new or worsening physical impairments. Additionally, Defendant
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maintains there was no indication that Plaintiff’s depression was a new or worsened
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condition given Plaintiff’s prior mental diagnoses and limitations. Thus, Defendant argues,
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all that evidence fails to support a change sufficient to rebut the presumption of continuing
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non-disability arising from the prior ALJ’s decision. Defendant also argues, to the extent
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the ALJ did not consider all of that evidence, Plaintiff fails to establish that any error was
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prejudicial.
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Defendant further argues the ALJ properly assessed the new medical opinions and
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Plaintiff’s credibility. Specifically, Defendant argues Plaintiff fails to properly explain
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how these opinions conflict with the ALJ’s decision and, therefore, are conclusory or
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insufficiently developed, and may be waived. Nevertheless, Defendant contends the ALJ
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properly discredited Dr. Brolaski’s opinion that Plaintiff had extreme functional limitations
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and was unable to meet competitive standards because he had organic brain damage and
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was in a wheelchair, because there was a significant inconsistency in light of the lack of
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medical evidence for the need of a wheelchair which suggested that Plaintiff exaggerated
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his symptoms, and noted other inconsistencies between the opinion and the medical
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evidence of record. With respect to Dr. Arsenault’s opinion, Defendant contends Plaintiff
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does not explain what the ALJ failed to assess and argues, to the extent Plaintiff refers to a
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diagnosis of chronic pain, the issue was addressed. Defendant further contends the ALJ
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properly relied on the objective medical evidence in discounting Plaintiff’s allegations,
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including largely normal examination findings, indications that Plaintiff’s symptoms
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improved with medications, and the lack of referral to a specialist for more advanced care.
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Defendant argues Plaintiff did not present credible medical evidence or testimony rebutting
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the presumption, and thus, the ALJ properly adopted the prior ALJ’s findings.
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In reply, Plaintiff argues The ALJ improperly found Plaintiff failed to rebut the
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presumption of continuing non-disability because Plaintiff provided evidence of clearly
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established changed circumstances. Plaintiff maintains he provided new evidence that he
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suffers from increased severity of impairments, included: 1) severe depression; 2) Benign
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Paroxysmal Positional Vertigo (“BPPV”); and 3) dementia and memory impairments. He
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further maintains his symptoms of dizziness and vertigo had increased, and the ALJ
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incorrectly noted his treatment did not include pain medication and, therefore his physical
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impairment were not significant.
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A final determination that a claimant is not disabled creates a presumption of
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continuing non-disability. Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985). A
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claimant must demonstrate changed circumstances indicating a greater disability to
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overcome the presumption. Chavez v. Brown, 844 F.2d 691, 693 (9th Cir. 1988). The
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ALJ noted Plaintiff was no longer using illicit substances and is still capable of sustaining
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simple repetitive work tasks in a non-public work environment, in determining the record
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fails to demonstrate changed circumstances sufficient to rebut the presumption of non-
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disability. AR at 47. The ALJ specifically pointed to examinations in December 2011,
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April 2012, and August 2012 noting normal functioning in all areas including no
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psychological abnormalities. Id. The ALJ accorded little weight to medical sources
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statements from social service advocates which the ALJ deemed unsupported by
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contemporaneous objective findings from the mental health treatment records from 2013
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and 2014 noting some memory and mood problems but generally a cooperative demeanor
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with full orientation and improved symptoms on medication. Id. The ALJ relied upon the
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consultative psychological evaluation in March 2013, which found mild symptoms and no
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mental-related functional limitations relating to sustaining all levels of work tasks,
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interacting with others and dealing with normal work pressures. Id. The ALJ also
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discussed the medical records relied upon by Plaintiff and determined, while they reported
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“oscillating reports of anxiety and depression” and “intermittent complaints concentration
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and focus problems,” the findings noted stable and improved conditions when under
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medication and “intact memory, average intellect, and full orientation.” Id. at 48.
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Additionally, the ALJ determined Plaintiff’s allegations of symptoms and pain were
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not supported by any medical etiology and not credible. Id. at 47, 48. Specifically, the
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ALJ cited to an MRI of the brain in March 2013, which was unchanged from prior studies
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in October 2008, and a consultative evaluation in April 2013, in which the examiner noted
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no abnormalities and no functional restrictions. Id.
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Ultimately, the ALJ determined the record does not provide a reasonable basis for
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finding any greater level of limitations than simple repetitive tasks in a non-public work
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environment and, therefore, Plaintiff fails to rebut the presumption of continuing non-
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disability. Id. at 48. Plaintiff points to dizziness as a changed circumstance, however, he
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fails to demonstrate this symptom indicates a greater disability to overcome the
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presumption. The ALJ reviewed the record and determined Plaintiff’s symptoms did not
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support a finding of greater limitations than those found by the prior ALJ. Considering the
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record as a whole, the Court finds the ALJ’s determination is supported by substantial
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evidence of record.
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CONCLUSION AND ORDER
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For the reasons set forth above, IT IS HEREBY ORDERED Plaintiff’s motion for
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reversal or remand is DENIED and Defendant’s cross-motion for summary judgment is
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GRANTED. The Clerk of Court shall enter judgment accordingly.
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DATED:
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May 4, 2017
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JOHN A. HOUSTON
United States District Judge
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