CARSWELL v. COLVIN et al
Filing
19
ORDER adopting 16 Report and Recommendations. The Commissioners decision isREVERSED and REMANDED for further proceedings pursuant to Sentence Four of the Social Security Act, 42 U.S.C. § 405(g). Ordered by U.S. District Judge C ASHLEY ROYAL on 9/30/14 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
KENNETH E. CARSWELL,
Plaintiff,
v.
:
:
:
:
:
No. 5:13‐CV‐252 (CAR)
CAROLYN W. COLVIN,
:
Social Security Appeal
Commissioner of Social Security,
:
:
Defendant.
:
___________________________________ :
ORDER ON THE RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the United States Magistrate Judge’s Recommendation [Doc.
16] to reverse and remand the Commissioner’s decision denying Plaintiff Kenneth E.
Carswell’s application for a period of disability, disability insurance benefits, and
supplemental security income. The Commissioner filed a timely Objection [Doc. 18] to
the Recommendation. Having considered the Objection and conducted a de novo review
of the matters raised therein, the Court agrees with the findings and conclusions of the
Magistrate Judge.
In the Objection, the Commissioner takes issue with the Magistrate Judge’s
conclusion that the ALJ committed reversible error by (1) failing to explain inconsistent
findings regarding medical opinions in a mental impairment questionnaire signed by
Plaintiff’s treating psychiatrist, Dr. Reddy, and the overall opinion of Dr. Reddy and (2)
failing to articulate good cause for discounting Dr. Reddy’s opinions in the questionnaire.
The Commissioner concedes that the ALJ failed to acknowledge that Dr. Reddy
completed the questionnaire. Nevertheless, the Commissioner argues that the ALJ’s
failure amounts to harmless error because the ALJ articulated good cause for discounting
the questionnaire opinions. Specifically, the ALJ explained that the questionnaire was
inconsistent with Dr. Reddy’s overall opinion that Plaintiff’s symptoms were stable on
medication, and substantial evidence in the record supports this conclusion. Despite the
Commissioner’s argument to the contrary, the Court cannot find that the ALJ’s error was
harmless.
As fully explained by the Magistrate Judge, the ALJ must give a treating
physician’s opinion “substantial or considerable weight unless ‘good cause’ is shown to
the contrary.”1 Furthermore, “[w]hen electing to disregard the opinion of a treating
physician, the ALJ must clearly articulate its reasons.”2 The ALJ discounted the medical
opinions in the questionnaire as inconsistent with Dr. Reddy’s overall opinion, but
failed to acknowledge that Dr. Reddy was the source of both opinions. There is no
explanation in the ALJ’s decision regarding these inconsistent findings. Moreover, the
ALJ failed to articulate good cause for rejecting some of Dr. Reddy’s opinions while
1
2
Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir. 1997).
Phillips v. Barnhart, 357 F.3d 1232, 1241 (11th Cir. 2004).
accepting others.3 The Commissioner’s argument that substantial evidence in the
record supports the ALJ’s finding that Plaintiff’s symptoms were stable on medication
amounts to an inappropriate post hoc justification to cure the inadequacies in the ALJ’s
decision. This Court, however, “cannot affirm based on a post hoc rationale that ‘might
have supported the ALJʹs conclusion.’”4
Based on the foregoing, the Recommendation [Doc. 16] is hereby ADOPTED and
MADE THE ORDER OF THE COURT. As a result, the Commissioner’s decision is
REVERSED and REMANDED for further proceedings pursuant to Sentence Four of
the Social Security Act, 42 U.S.C. § 405(g) in accordance with the Magistrate Judge’s
Recommendation.
SO ORDERED, this 30th day of September, 2014.
S/ C. Ashley Royal
C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
ADP
See Kahle v. Commʹr of Soc. Sec., 845 F. Supp. 2d 1262, 1272 (M.D. Fla. 2012) (‘Reversal is required where
an ALJ fails to sufficiently articulate the reasons supporting his decision to reject portions of a medical
opinion while accepting others.”).
4 Dempsey v. Commʹr of Soc. Sec., 454 F. Appʹx 729, 733 (11th Cir. 2011) (quoting Owens v. Heckler, 748 F.2d
1511, 1516 (11th Cir. 1984)); see also Mills v. Astrue, 226 F. Appʹx 926, 932 (11th Cir. 2007) (quoting Wilson v.
Commʹr of Soc. Sec., 378 F.3d 541, 546 (6th Cir. 2004) (“A court cannot excuse the denial of a mandatory
procedural protection simply because . . . there is sufficient evidence in the record for the ALJ to discount
the treating sourceʹs opinion and, thus, a different outcome on remand is unlikely.”)).
3
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