Stock v. Commissioner Social Security Administration

Filing 17

ORDER: The decision of the Commissioner is reversed and this action is remanded for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). Signed on 3/12/2014 by Magistrate Judge Thomas M. Coffin. (plb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
GERALD WAYNE STOCK,
Plaintiff,

No. 3:13-cv-474-TC

v.

ORDER

Commissioner of Social Security,
Defendant.
Plaintiff brings this proceeding to obtain judicial review of
the Commissioner's final decision denying plaintiff's application
for

disability benefits.

payment

of

benefits,

Plaintiff

or,

in

the

seeks

a

reversal

alternative,

for

for

the

further

proceedings.
Plaintiff

asserts

arthritis and back pain.

disability

to

bilateral

shoulder

He has had multiple surgeries on his

shoulder and takes morphine.

1 - ORDER

due

At step four of the sequential evaluation process, the
found that plaintiff was able to perform his
a

street

sweeper

operator.

Plaintiff

ALJ

past relevant work as

contends

he

cannot

lift

himself into the machine or perform necessary maintenance on it.
Plaintiff contends

that the ALJ erred in failing to credit

medical opinions and in assessing plaintiff's credibility.

He

contends that the ALJ erred in failing to credit the opinion of Dr.
Allen Moore.

Moore is plaintiff's treating orthopedic surgeon who

provided an opinion that plaintiff was

disabled.

Among other

things, Moore opined that plaintiff had moderate limitation in his
abilities

to grasp and perform fine manipulation and a marked

limitation in his ability to reach.

The ALJ's residual functional

capacity assessment did not at all limit plaintiff's ability to
reach, handle, finger or perform fine or gross manipulations with
his dominant hand.

In giving only very limited weight to Dr.

Moore's opinion, the ALJ found it to be vague, p. 11 of Defendant's
Brief, and "arguably inconsistent."
several

times

that

Dr.

Moore's

Tr. 36.
opinion

limitations were for both arms or just one.

The ALJ also noted
did

not

Tr. 36.

indicate

if

In addition,

the ALJ noted there was not underlying objective medical evidence
that suggested that plaintiff has limitations in his ability to
grasp or perform fine manipulation.
All things considered,
developed

as

2 - ORDER

there

is

Id.

the record needs to be more fully

ambiguous

evidence

and

the

record

is

inadequate to allow for proper evaluation of the evidence.
Mayes v.
C.F.R.

Massinari,

§404.

276

1512 (e) (1)

F.3d 453,

459-460

("We

seek additional

will

(9th Cir.

See,

1999);

20

evidence

or

clarification from your medical source when the report from your
medical

source

resolved,

the

contains
report

a

conflict

does

not

or

ambiguity

contain

all

that
the

must

be

necessary

information, or does not appear to be based on medically acceptable
clinical and laboratory diagnostic techniques").
The ALJ shall contact Dr.

Moore and request new or more

detailed information and reports as the ALJ see fit.

The ALJ shall

then consider and weigh all the evidence and perform a new five
step sequential analysis.

CONCLUSION
The decision of the Commissioner is

reversed and this action

is remanded for further proceedings pursuant to sentence four of 42

u.s.c.

§405(g).
DATED this

day of March, 2014.

Judge

3 - ORDER