Williams v. Berryhill

Filing 16

ORDER REVERSING THE COMMISSIONER AND REMANDING FOR FURTHER PROCEEDINGS by Hon. Brian A Tsuchida. (AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PEGGY LOUISE WILLIAMS,
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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

CASE NO. C17-5270-BAT
ORDER REVERSING THE
COMMISSIONER AND REMANDING
FOR FURTHER PROCEEDINGS

Defendant.

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Peggy Louise Williams appeals the ALJ’s 2017 decision finding her not disabled. She

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argues the ALJ erred in (1) failing to provide a function-by-function determination in defining

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her residual functional capacity (“RFC”), (2) assessing certain medical opinions, (3) discounting

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lay witness statements, and (4) failing to proceed to step five in the sequential evaluation. Dkt.

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13 at 1. As discussed below, the Court REVERSES the Commissioner’s final decision and

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REMANDS the case for further proceedings under sentence four of 42 U.S.C. § 405(g).

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DISCUSSION
A.

Function-by-Function Determination and Dr. Goff’s Opinions
The ALJ found Ms. Williams has the RFC to perform “light work.” Tr. 515. Ms.

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Williams argues the ALJ erred by failing to perform a function-by-function assessment of her

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ability to “stand, walk, and sit” in determining her RFC, as required by SSR 96–8p (“the RFC

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assessment is a function-by-function assessment based upon all of the relevant evidence of an

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individual's ability to do work-related activities.”). SSR 96–8p, 1996 WL 374184, at *3 (July 2,

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1996). Essentially, the ALJ performs a function-by-function analysis to avoid overlooking any of

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the individual’s limitations or restrictions. Id. at *4. An ALJ does this by identifying a claimant’s

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“functional limitations or restrictions and assess[es] her work-related abilities on a function by

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function basis.” Id. at * 1. The ALJ then considers each function separately, even if the final

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RFC assessment will combine activities. Id. However, the ALJ need not perform a function-by-

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function analysis for impairments the ALJ “found neither credible nor supported by the record.”

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Bayliss v. Barnhart, 427 F.3d 1211, 1217 (9th Cir. 2005). But for this standard to apply, the ALJ

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must have properly rejected credible evidence supported by the record.
Ms. Williams’ argument thus turns on whether the ALJ properly evaluated the opinions

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of Barbara Goff, M.D., and Justin Turner, M.D. If the ALJ did not, then the ALJ harmfully erred.

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Dr. Goff treated Ms. Williams for cancer and opined: Ms. Williams’ claim that her peripheral

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neuropathy prevents her from using her hands more than 1/3 of a workday or standing/walking

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six hours per day is reasonable, Tr. 500; Ms. Williams cannot stand a total of six hours in an

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eight hour day, Tr. 501; and Ms. Williams might need neuropsychological testing to assess

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memory deficits. Id.

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The ALJ rejected Dr. Goff’s opinion for five reasons. First, Ms. Williams’

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activities―working full days at her sister’s daycare, performing most household chores, helping

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a daughter move, and spending a day at a casino with her husband―contradict the doctor’s

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opinions. These activities do not contradict Dr. Goff’s opinions because they do not necessarily

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require “handling” ability of more than 1/3 of day, or the ability to stand more than six hours.

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Second, Dr. Goff’s opinion is inconsistent with Ms. Williams’ testimony that she can

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only walk one block before needing 20 minutes rest, with her collection of unemployment

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benefits after she stopped working, and with how she stopped looking for work to care for her

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husband. Dr. Goff did not opine how long Ms. Williams could walk before needing rest. She

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simply opined Ms. Williams could not walk or stand six hours a day, an opinion which is not

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inconsistent with Ms. Williams’ testimony. Dr. Goff also did not opine Ms. Williams could

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perform no work activity. Hence Ms. Williams receipt of benefits or care for her husband do not

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contradict Dr. Goff’s opinions.

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Third, that Ms. Williams “overstates her difficulties,” i.e., is not credible. The ALJ does
not provide clear and convincing reasons for rejecting a doctor’s opinion by questioning the

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credibility of the patient’s complaints where the doctor does not discredit those complaints and

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supports his ultimate opinion with his own observations. Edlund v. Massanari, 253 F.3d 1152,

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1159 (9th Cir. 2001). Here Dr. Goff accepted Ms. Williams’ complaints. Dr. Goff’s opinions also

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appear to be based on her clinical assessment and the treatment she provided Ms. Williams for

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her physical problems. This is highlighted by how Dr. Goff declined to give opinions regarding

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Ms. Williams’ cognitive status, stating she did not evaluate Ms. Williams for cognitive problems.

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Tr. 501.

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Fourth, Dr. Goff’s opinion is inconsistent with other medical evidence such as how Ms.

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Williams can walk with a normal gait; has good range of motion, and motor strength; and is

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“content” with her medication management. Tr. 518. However, Dr. Goff did not opine Ms.

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Williams lacked normal gait, or lacked good range of movement or motor strength. Hence there

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is no contradiction. Rather she opined Ms. Williams could not stand or walk six hours in a day.

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Further the fact Ms. Williams is “content” with her medications in no way contradicts the

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doctor’s opinions. The doctor did not say Ms. Williams was not “content” with her medications,

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and the ALJ provided no discussion as to how or why the medications Ms. Williams received

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were somehow inconsistent with Dr. Goff’s opinions about Ms. Williams’ limitations. Hence

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while Ms. Williams’ statement might indicate she is getting good treatment, it doesn’t show Dr.

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Goff’s opinions are off-base.

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Fifth, Dr. Turner’s opinions are inconsistent with Dr. Goff’s. Tr. 518-19. Dr. Turner

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examined Ms. Williams in March 2016, which the ALJ acknowledged is well past the date last

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insured, the relevant period at issue. Dr. Turner opined Ms. Williams required regular breaks

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from standing or walking due to limiting symptoms caused by Ms. Williams’ peripheral

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neuropathy. Tr. 810-11. Dr. Turner’s opinion is thus consistent with Dr. Goff’s in that both

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doctors opined peripheral neuropathy limited Ms. Williams, not inconsistent as the ALJ found.
The Court notes the ALJ rejected Dr. Turner’s opinion that peripheral neuropathy limited

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Ms. Williams. But the ALJ cannot alter Dr. Turner’s opinion in order to make it inconsistent

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with Dr. Goffs. Moreover, the ALJ’s rationale for rejecting Dr. Turner’s opinion is not

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supported by substantial evidence. The ALJ rejected Dr. Turner’s opinion on the grounds that it

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is based on Ms. Williams’ non-credible statements, rather than the doctor’s observations. The

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ALJ erred because Dr. Turner did not find Ms. Williams unbelievable. Further Dr. Turner stated

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“She is limited due to her neuropathy as demonstrated during the exam as she experienced

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developed burning discomfort with coordination gait activities during the exam.” Tr. 817.

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Hence the ALJ’s findings that the doctor made no observations regarding Ms. Williams’

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neuropathic discomfort is not supported by substantial evidence.

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The Court notes Ms. Williams argues the ALJ erred in adopting the opinion of state

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agency reviewing doctors Alnoor Virji, M.D., and Wayne Hurley, M.D. Dkt. 15 at 6-7. The

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Court need not discuss the argument because as discussed above, the ALJ erred in rejecting Dr.

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Goff’s opinions and Dr. Turner’s opinion about limitations caused by peripheral neuropathy, and

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the matter must be remanded for further proceedings.

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B.

Lezlie Pickett, Ph.D.
The parties spar over Lezlie Pickett’s, Ph.D. opinion that Ms. Williams “appears to be

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malingering.” Tr. 445. Ms. Williams claims Dr. Pickett is biased and her test results are thus

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unreliable; the Commissioner claims the opposite. Ms. Williams’ claims are based on “Exhibit

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19E” which she avers was removed by the ALJ. Because the Court lacks the exhibit and because

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the matter must be remanded, the Court declines to resolve the parties’ respective claims here.

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Additionally, as the ALJ did not rely upon Dr. Pickett’s opinion to reject Dr. Goff’s, the Court

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need not address whether the ALJ properly weighed Dr. Pickett’s opinion.

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On remand, the Court assumes the ALJ, of course, will fulfill his or her duty to properly

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assess the evidence, and resolve issues regarding what weight each medical opinion should be

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given. This simply reflects how the ALJ, in reaching disability determinations, should rely on

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qualified and impartial expert opinions, rather than unqualified and partial experts. Cf. Hill v.

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Astrue, 698 F3d 1153, 1161 (9th Cir. 2012) (the ALJ may rely on an impartial vocational expert

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to provide testimony about jobs the applicant can perform); Robbins v. Soc. Sec. Admin., 466

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F.3d 880, 888 (9th Cir. 2006) (“It was also proper for the ALJ to rely on the opinion of the

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impartial medical examiner.”).

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C.

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Lay Evidence
The ALJ rejected the testimony of Timothy Coogan and Judy Schmidt. Tr. 520. Mr.

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Coogan stated he employed Ms. Williams from 1998 and 2010. He states she had good

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attendance, completed her work and was a good worker until her cancer diagnosis. Tr. 189-90.

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The ALJ rejected Mr. Coogan’s testimony on the grounds that the problems he described with

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Ms. Williams’ work performance “could be related to the claimant’s chemotherapy, but which is

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outside the relevant period in this case.” Tr. 520. But the ALJ cited no evidence in the record to

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support this speculative and conclusory statement, and substantial evidence therefore does not

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support the ALJ’s rationale.

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The ALJ also rejected Mr. Coogan’s statement that Ms. Williams began having “trouble

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focusing and finishing tasks” on the grounds it is inconsistent with Dr. Pickett’s test results. Id.

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Dr. Pickett’s opinions regard Ms. Williams’ functioning as of February 2012. The doctor

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reviewed medical records from November 2011 onward, and examined Ms. Williams in

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February 2012, and rendered an opinion as of that date. Tr. 438. Dr. Pickett did not specifically

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address Ms. Williams’ functioning prior to the time of examination. Mr. Coogan described Ms.

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Williams’ performance only up to October 2010, a period not covered by Dr. Pickett. Tr. 189. As

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such, substantial evidence does not support the ALJ’s finding that Dr. Pickett’s opinions

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contradict Mr. Coogan’s testimony.

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Turning to Ms. Schmidt, the ALJ rejected her testimony on the grounds it was

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inconsistent with the Drs. Taylor’s and Pickett’s opinions and with Ms. Williams’ description of

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her activities. Tr. 520. Specifically, the ALJ rejected Ms. Schmidt’s testimony that Ms. Williams

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could not stand very long, because her medical providers described Ms. Williams as having a

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normal posture and gait, and because Ms. Williams could spend hours at the casino and care for

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her ill husband. Id. The ALJ erred because Ms. Williams’ gait and posture are unrelated to her

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neuropathy problems, and there is no evidence that going to the casino requires extended

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standing or walking. Further Dr. Taylor opined Ms. Williams’ neuropathy would affect her

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ability to stand and walk, and Dr. Pickett did not perform a physical assessment.

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The ALJ also rejected other aspects of Ms. Schmidt’s testimony on the grounds that it

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was inconsistent with Ms. Williams’ statements and inconsistent with other findings made by Dr.

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Taylor and Pickett. Tr. 520. As Ms. Williams does not specifically challenge these findings the

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Court affirms the ALJ’s as to these portions of Ms. Schmidt’s testimony.

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CONCLUSION
The ALJ erred in rejecting Dr. Goff’s opinions and also erred in rejecting Dr. Taylor’s

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opinions regarding limitations caused by peripheral neuropathy. The ALJ erred in rejecting Mr.

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Coogan’s testimony and Ms. Schmidt’s testimony regarding standing and walking limitations.

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These errors are harmful because the ALJ did not account for these limitations in determining

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Ms. Williams’ RFC and capacity to perform past relevant work. Where the ALJ has harmfully

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erred, the Court has the discretion to remand the case for an award of benefits or for further

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administrative proceedings. Here, neither Dr. Goff nor Dr. Taylor opined Ms. Williams could not

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perform any gainful work activity. Thus, the Court cannot determine, based on the present

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record, whether Ms. Williams cannot perform any work activity and is entitled to an award of

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benefits. Because the record needs further development to make this determination, the case

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should be remanded for further administrative proceedings.

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The Court accordingly REVERSES the Commissioner’s final decision and REMANDS

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the case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). On

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remand, the ALJ shall reassess the opinions of Drs. Goff and Taylor, the testimony of Mr.

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Coogan and Ms. Schmidt, and develop the record as necessary. As appropriate, the ALJ shall

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redetermine Ms. Williams’ RFC and proceed to steps four and five.

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DATED this 14th day of September, 2017.

A
BRIAN A. TSUCHIDA
United States Magistrate Judge
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