Elliott v. Berryhill

Filing 15

ORDER RE: SOCIAL SECURITY DISABILITY APPEAL by Hon. Mary Alice Theiler. (KMP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JULIET E.,
Plaintiff,

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v.

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CASE NO. C18-5116-MAT

NANCY A. BERRYHILL, Deputy
Commissioner of Social Security for
Operations,

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ORDER RE: SOCIAL SECURITY
DISABILITY APPEAL

Defendant.

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Plaintiff proceeds through counsel in her appeal of a final decision of the Commissioner of

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the Social Security Administration (Commissioner).

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application for Disability Insurance Benefits (DIB) after a hearing before an Administrative Law

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Judge (ALJ). Having considered the ALJ’s decision, the administrative record (AR), and all

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memoranda of record, this matter is REMANDED for further administrative proceedings.
FACTS AND PROCEDURAL HISTORY

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The Commissioner denied plaintiff’s

Plaintiff was born on XXXX, 1971.1 She completed high school and previously worked
as an optometric assistant, medical record coder/biller, and order clerk. (AR 44-52.)
Plaintiff filed a DIB application on May 12, 2015, alleging disability beginning April 3,

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Dates of birth must be redacted to the year. Fed. R. Civ. P. 5.2(a)(2) and LCR 5.2(a)(1).

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2015. (AR 197-98.) She is insured for DIB through December 31, 2020. (See AR 19.) Her

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application was denied initially and on reconsideration.

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On February 23, 2017, ALJ Allen Erickson held a hearing, taking testimony from plaintiff

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and a vocational expert (VE). (AR 35-94.) On May 30, 2017, the ALJ issued a decision finding

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plaintiff not disabled. (AR 17-29.)

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Plaintiff timely appealed. The Appeals Council denied plaintiff’s request for review on

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December 26, 2017 (AR 1-6), making the ALJ’s decision the final decision of the Commissioner.

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Plaintiff appealed this final decision of the Commissioner to this Court.
JURISDICTION

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The Court has jurisdiction to review the ALJ’s decision pursuant to 42 U.S.C. § 405(g).
DISCUSSION

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The Commissioner follows a five-step sequential evaluation process for determining

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whether a claimant is disabled. See 20 C.F.R. §§ 404.1520, 416.920 (2000). At step one, it must

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be determined whether the claimant is gainfully employed. The ALJ found plaintiff had not

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engaged in substantial gainful activity since the alleged onset date. At step two, it must be

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determined whether a claimant suffers from a severe impairment. The ALJ found plaintiff’s

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migraine headaches, pain disorder, major depressive disorder, generalized anxiety disorder, and

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bipolar disorder severe. Step three asks whether a claimant’s impairments meet or equal a listed

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impairment. The ALJ found plaintiff’s impairments did not meet or equal the criteria of a listed

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impairment.

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If a claimant’s impairments do not meet or equal a listing, the Commissioner must assess

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residual functional capacity (RFC) and determine at step four whether the claimant has

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demonstrated an inability to perform past relevant work. The ALJ found plaintiff able to perform

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a full range of work at all exertional levels, but with the following non-exertional limitations: can

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tolerate occasional exposure to bright light (defined as light brighter than standard room lights),

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loud noise (defined as louder than a basic office environment), concentrated exposure to

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concentrated levels of dust, fumes, odors, gases, and other pulmonary irritants, and temperature

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and humidity extremes; can understand, remember, and apply short and simple instructions, while

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performing routine and predictable tasks; cannot work in a fast-paced production type

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environment; can make simple decisions and tolerate exposure to only a few workplace changes;

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and can tolerate occasional interaction with the public and co-workers. With that assessment, the

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ALJ found plaintiff unable to perform her past relevant work.

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If a claimant demonstrates an inability to perform past relevant work, or has no past

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relevant work, the burden shifts to the Commissioner to demonstrate at step five that the claimant

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retains the capacity to make an adjustment to work that exists in significant levels in the national

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economy. With the assistance of the VE, the ALJ found plaintiff capable of performing other jobs,

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such as work as a stores laborer, marker, and garment folder.

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This Court’s review of the ALJ’s decision is limited to whether the decision is in

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accordance with the law and the findings supported by substantial evidence in the record as a

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whole. See Penny v. Sullivan, 2 F.3d 953, 956 (9th Cir. 1993). Accord Marsh v. Colvin, 792 F.3d

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1170, 1172 (9th Cir. 2015) (“We will set aside a denial of benefits only if the denial is unsupported

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by substantial evidence in the administrative record or is based on legal error.”) Substantial

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evidence means more than a scintilla, but less than a preponderance; it means such relevant

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evidence as a reasonable mind might accept as adequate to support a conclusion. Magallanes v.

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Bowen, 881 F.2d 747, 750 (9th Cir. 1989). If there is more than one rational interpretation, one of

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which supports the ALJ’s decision, the Court must uphold that decision. Thomas v. Barnhart, 278

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F.3d 947, 954 (9th Cir. 2002).

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Plaintiff argues the ALJ erred in assessing medical opinions from examining psychologists

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Drs. Cynthia Collingwood and Terilee Wingate and in evaluating her subjective claims, and the

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impact of those errors on the decision at steps four and five. She requests remand for an award of

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benefits or, alternatively, further administrative proceedings. The Commissioner argues the ALJ’s

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decision has the support of substantial evidence and should be affirmed.
Medical Opinions

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In general, more weight should be given to the opinion of a treating doctor than to a non-

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treating doctor, and more weight to the opinion of an examining doctor than to a non-examining

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doctor. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1996). Where, as here, the record contains

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contradictory opinions, an ALJ may not reject a treating or examining physician’s opinion without

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“‘specific and legitimate reasons’ supported by substantial evidence in the record for so doing.”

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Id. at 830-31 (quoting Murray v. Heckler, 722 F.2d 499, 502 (9th Cir. 1983)).

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A.

Dr. Cynthia Collingwood

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Dr. Collingwood conducted a psychological consultative evaluation on January 17, 2017.

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The resulting narrative report reflects her review of records and administration of testing. (AR

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477-85.) On Mini-Mental Status Exam (MMSE), plaintiff appeared quiet and somewhat reserved,

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with intermittent eye contact, overall depressed mood, and flat affect; made two errors performing

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serial seven subtractions; tended to give concrete, rather than abstract responses; and achieved a

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score of 26/30, with deficits primarily having to do with impaired concentration, rather than

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notable cognitive deficits. (AR 481-82.) She scored in the average range on Trails A and

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borderline impaired on Trails B, due to breaks in concentration and losing her place; in low average

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range on the Symbol Digit Modalities Test, consistent with poor concentration; 14/15 on the Rey

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test, indicating a valid attempt at testing; in the severe range on depression and anxiety scales; and

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demonstrated poor inner coping skills on another inventory. (AR 482-83.) Dr. Collingwood noted

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testing in Dr. Wingate’s July 2015 evaluation showing memory in the average range, but with

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deficits primarily related to attention and concentration and inability to maintain extended focus,

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and similar deficits on Trails B. (AR 483.) Dr. Collingwood stated plaintiff “appears to be

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generally cognitively intact, but is significantly limited by the effects of depressive symptoms”,

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and that Dr. Wingate’s evaluation “noted she would be unlikely to persist at work activities in a

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competitive setting without interruption from psychiatric symptoms.” (Id.)

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Dr. Collingwood also assessed a Global Assessment of Functioning (GAF) score of 40, see

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Diagnostic and Statistical Manual of Mental Disorders 34 (4th ed. 2000) (DSM-IV-TR) (GAF

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between 31 and 40 describes “[s]ome impairment in reality testing or communication” or “major

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impairment in several areas, such as work or school, family relations, judgment, thinking, or

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mood”), and opined: “At present, her depressive symptoms are significant enough to impair her

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ability to persist for a normal work day or a work week in a competitive setting.” (AR 484.) Dr.

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Collinwood stated plaintiff sought appropriate treatment, but had a poor response despite several

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types of intervention, appeared to derive some benefit from a service dog, and would likely have

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increased absenteeism, as at her last job, and quit to avoid being fired. (Id.) While plaintiff wanted

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to return to work, “it is highly unlikely she would be successful in the next year[,]” but

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improvement may occur with time and continued treatment. (Id.)

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On February 17, 2017, Dr. Collingwood completed a Medical Source Statement rating

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plaintiff’s degree of mental functioning. (AR 486-89.) Among other findings, Dr. Collingwood

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assessed plaintiff’s ability to understand and remember very short and simple instructions, make

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simple work-related decisions, and ask simple questions or request assistance would preclude

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performance/productivity for ten percent of an eight-hour workday; her ability to work in

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coordination or proximity to others and to accept instructions from and respond appropriately to

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criticism from supervisors to preclude performance/productivity for twenty percent of the

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workday; and her ability to understand, remember, and carry out detailed instructions, maintain

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attention and concentration for extended periods, perform activities within a schedule, maintain

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regular attendance, and be punctual, complete a normal workday and workweek, and interact

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appropriately with the general public would preclude performance/productivity for thirty percent

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of the workday. (Id.) Plaintiff would be absent five days or more a month, would be off-task

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more than thirty percent of the workday, and was unable to persist in a competitive work setting

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for a normal workday or workweek. (AR 489.) “She had increasing symptoms over the last few

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years, and her absenteeism has increased along with it.” (Id.)

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The ALJ described Dr. Collingwood’s January 2017 evaluation, including various testing

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results and plaintiff’s reporting of her history and symptoms. (AR 23.) For example, plaintiff

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endorsed occasionally spending entire days in bed; performs household chores and cares for her

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animals, but received help from her daughter; had difficulty preparing dinner when she was having

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trouble thinking; and neglected her self-care and was more withdrawn. (AR 23-24.) The ALJ also

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noted plaintiff’s MMSE score and Dr. Collingwood’s observation that plaintiff “appeared

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generally cognitively intact.” (AR 24.)

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In assessing the opinion evidence, the ALJ noted Dr. Collingwood’s opinion of “symptoms

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. . . significant enough to impair [plaintiff’s] ability to persist for a normal workday or workweek

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in a competitive setting[,]” and outlined the findings on the Medical Source Statement. (AR 26.)

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She found Dr. Collingwood’s opinion not consistent with plaintiff’s minimal counseling, and

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inconsistent with the relatively good mental status examinations (MSEs) throughout the record.

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(Id. (citing AR 348-54, 476-89).) The ALJ further considered that Dr. Collingwood’s opinion “is

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provided in a ‘check the box’ form that provides only four specific categories: no limitation, 10

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percent preclusion, 20 percent preclusion, and 30 percent preclusion.” (AR 26.) He reasoned:

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“By using the term preclusion versus difficulty, it presents the claimant as more limited than

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reflected in the overall record. This form lends itself to less precisely describing the claimant’s

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limitations because it forces the claimant into a higher category than actually representative of the

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claimant’s limitations.” (AR 26-27.) The ALJ therefore assigned Dr. Collingwood’s opinion little

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weight.

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The ALJ also separately addressed the GAF scores in the record, giving them very little

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weight “because they lack probative value” and did not convey information that furthered the

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functional analysis. (AR 24-25.) That is, while the regulations direct a function-by-function

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assessment of the claimant’s maximum RFC, see Social Security Ruling (SSR) 96-9p, the

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explanations accompanying the GAF scores show an attempt to rate symptoms or functioning, see

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DSM-IV-TR at 32. In this case, it was not evident what the GAF scores were rating, which was

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particularly relevant to the analysis of a claimant’s ability to perform basic work activities, “as

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symptoms are an individual’s ‘own description’ of his or her impairments.” (AR 25 (citing SSR

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96-7p and 65 Fed. Reg. 50,746 at 50, 746-50, 765 (August 21, 2000) (the GAF scale “does not

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have a direct correlation to the severity requirements in our mental disorder listings.”)))

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Plaintiff does not demonstrate error in the ALJ’s consideration of the GAF score from Dr.

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Collingwood. “‘A GAF score is a rough estimate of an individual’s psychological, social, and

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occupational functioning used to reflect the individual’s need for treatment.’” Garrison v. Colvin,

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759 F.3d 995, 1002 n.4 (9th Cir. 2014) (quoting Vargas v. Lambert, 159 F.3d 1161, 1164 n.2 (9th

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Cir. 1998)). The most recent version of the DSM does not include a GAF rating for assessment of

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mental disorders. DSM-V at 16-17 (5th ed. 2013). While the Social Security Administration

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continues to receive and consider GAF scores as opinion evidence, a GAF score cannot alone be

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used to “raise” or “lower” someone’s level of function, and, unless the reasons behind the rating

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and the applicable time period are clearly explained, it does not provide a reliable longitudinal

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picture of the claimant’s mental functioning for a disability analysis. Administrative Message

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13066 (“AM-13066”). Accord Garrison, 759 F.3d at 1002 n.4 (“Although GAF scores, standing

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alone, do not control determinations of whether a person's mental impairments rise to the level of

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a disability . . . , they may be a useful measurement. We note, however, that GAF scores are

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typically assessed in controlled, clinical settings that may differ from work environments in

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important respects.”) See also Hughes v. Colvin, No. 13-35909, 2015 U.S. App. LEXIS 6131 at

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*2 (9th Cir. Apr. 15, 2015) (“The ALJ did not err in failing to address Dr. Caverly’s GAF score,

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because a GAF score is merely a rough estimate of an individual’s psychological, social, or

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occupational functioning used to reflect an individual’s need for treatment, but it does not have

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any direct correlative work-related or functional limitations.”) The ALJ here properly considered,

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but reasonably discounted the GAF scores in the record upon finding a lack of clarity as to the

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reasons behind the ratings assigned.

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unaccompanied by any explanation).)

(See, e.g., AR 484 (Dr. Collingwood’s GAF rating,

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Plaintiff does, however, identify error in the ALJ’s consideration of the other opinion

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evidence from Dr. Collingwood. As the Commissioner observes, an ALJ may reject “‘check-off

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reports that [do] not contain any explanation of the bases of their conclusions.’” Molina v. Astrue,

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674 F.3d 1104, 1111 (9th Cir. 2012) (quoting Crane v. Shalala, 76 F.3d 251, 253 (9th Cir. 1996)).

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See also Holohan v. Massanari, 246 F.3d 1195, 1202 (9th Cir. 2001) (“[T]he regulations give more

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weight to opinions that are explained than to those that are not.”). However, the ALJ did not reject

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the Medical Source Statement completed by Dr. Collingwood because it lacked explanations for

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the conclusions reached. The ALJ instead criticized the rating system utilized on the form,

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identifying a lack of precision and a tendency to present a claimant as more limited than may be

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warranted. To the extent the ALJ found the degree of limitation identified by Dr. Collingwood on

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the form inconsistent with the overall evidence in the record, this could serve as a specific and

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legitimate reason for discounting her opinion. See Tommasetti v. Astrue, 533 F.3d 1035, 1041 (9th

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Cir. 2008) (inconsistency with the record properly considered by ALJ in rejection of physician’s

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opinions). However, with the focus on the terminology and rating system as a general matter, the

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ALJ’s reasoning is not clear.

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Dr. Collingwood did not, in any event, merely complete a “check box” form. She

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specifically noted that the Medical Source Statement should be read in conjunction with her

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narrative report.

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accompanying report.”)) While earlier recounting some of the content of that narrative, the ALJ

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focused almost exclusively in the Medical Source Statement ratings in discussing the opinion of

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Dr. Collingwood. (AR 26-27.) Even then, the only portion of the narrative report discussed was

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also included on the Medical Source Statement. (See AR 26 (“The claimant’s symptoms were

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significant enough to impair her ability to persist for a normal workday or workweek in a

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competitive setting.”), AR 484 (“At present, her depressive symptoms are significant enough to

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impair her ability to persist for a normal work day or a work week in a competitive setting.”), and

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AR 489 (“Ms. Elliott is unable to persist in a competitive work setting for a normal work day or

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work week.”)) The ALJ’s analysis does not address other pertinent aspects of the narrative report,

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such as Dr. Collingwood’s opinion plaintiff appeared generally cognitively intact, but significantly

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limited by the effects of her depressive symptoms. (AR 483.)

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(See AR 489 (“Please see extended clinical interview and assessment in the

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Nor are the ALJ’s errors cured by the two other reasons provided for the rejection of Dr.

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Collingwood’s opinion. An ALJ may reject a physician’s opinion upon finding it inconsistent with

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evidence of a claimant’s treatment or with other medical evidence in the record. See, e.g.,

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Tommasetti, 533 F.3d at 1041; Rollins v. Massanari, 261 F.3d 853, 856 (9th Cir. 2001). In this

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case, the ALJ’s failure to fully account for Dr. Collingwood’s narrative report calls into question

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his finding of inconsistency with the evidence of minimal counseling. Dr. Collingwood’s report

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includes a detailed discussion of plaintiff’s treatment, as well as her conclusion that, while plaintiff

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had sought appropriate treatment and was compliant with treatment received, she did not

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ultimately succeed despite “several types of intervention.” (AR 478, 484 (“[S]he has sought

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treatment variously from her primary provider, at Sea Mar Clinic in October 2015, which didn’t

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have sufficient staff for the counseling she had hoped for, and eventually went to Behavioral Health

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Resources where she has been engaged in therapy since July 2016.”; “Although she has tried

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various medications as well as psychotherapy, over time, medications become less effective and

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she has had to change medications. She has been compliant with treatment, and according to her

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physician, her history of thyroid problems does not impact significantly on her condition.”)) Also,

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in finding inconsistency with other MSEs, the ALJ cited only to the MSEs conducted by Drs.

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Collingwood and Wingate, both of which included at least some abnormal findings (AR 350, 481-

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83); see also AR 399-401 (at an October 2015 MSE, plaintiff presented with slumped posture and

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anxious and depressed affect, demonstrated impaired attention span, abstract thinking, calculation

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ability, and slightly impaired intelligence, had no orientation to time, and had impaired insight,

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judgment, recent memory, and thought content).)

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The ALJ, in sum, failed to sufficiently address the opinion evidence from Dr. Collingwood.

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This error undermines the substantial evidence support for the ALJ’s conclusions and necessitates

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remand.

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Contrary to plaintiff’s contention, the Court finds no basis for crediting Dr. Collingwood’s

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opinion as true and remanding for an award of benefits. Outstanding issues remain in this case

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and further administrative proceedings would serve a useful purpose, including full consideration

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of all medical opinion evidence of record. See Brown-Hunter v. Colvin, 806 F.3d 487, 495 (9th

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Cir. 2015); Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1099 (9th Cir. 2014); and

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Garrison, 759 F.3d at 1019-21. An award of benefits relies on the “existence of a disability, not

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the agency’s legal error.” Brown-Hunter, 806 F.3d at 495 (“To condition an award of benefits

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only on the existence of legal error by the ALJ would in many cases make “disability benefits . . .

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available for the asking, a result plainly contrary to 42 U.S.C. § 423(d)(5)(A).”) Accord Strauss

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v. Comm’r of Social Sec. Admin., 635 F.3d 1135, 1138 (9th Cir. 2011) (“A claimant is not entitled

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to benefits under the statute unless the claimant is, in fact, disabled, no matter how egregious the

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ALJ’s errors may be.”) Because the record in this case remains “uncertain and ambiguous,” it is

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properly remanded for further proceedings. Treichler, 775 F.3d at 1105.

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B.

Dr. Terilee Wingate

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Dr. Wingate conducted a psychological evaluation of plaintiff in July 2015. (AR 348-53.)

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She reviewed the smaller amount of medical records then available for review, conducted a MSE,

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and administered tests. (AR 348, 350-51.) On MSE, plaintiff presented with a blunt affect,

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performed a five-digit span backward, recalled three of four items after a delay and the fourth item

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with a clue, performed serial threes to twenty with one error and serial sevens from 100 without

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error, correctly spelled “world” forward and backward, identified current news events, had intact

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abstract reasoning, accurately interpreted proverbs, and displayed an average fund of knowledge.

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(AR 23, 350.) On testing of memory, plaintiff demonstrated no significant differences in her levels

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of visuals and auditory memory functioning, had some difficulty with visual attention, particularly

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with more complex tasks, and performed in the average range for immediate and delayed memory.

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(AR 23, 351.) The ALJ found this to indicate plaintiff “had some difficulties, but she would likely

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be able to perform simple routine tasks.” (AR 23.)

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Dr. Wingate opined plaintiff could understand, remember, and learn simple and some

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complex tasks; tends to learn best with verbal instructions, but has some difficulty at this time with

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multitasking; has difficulty sustaining attention to tasks throughout a daily or weekly work

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schedule without interruption from anxiety, depressed mood, and fatigue; has poor stress tolerance

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at this time and when pressures are placed upon her she will withdraw; has sufficient judgment to

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avoid hazards and make work decisions; can probably work with a supervisor and a few coworkers;

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and would probably not work well with a lot of coworkers or the general public. (AR 352.)

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The ALJ found Dr. Wingate’s opinion that plaintiff would have difficulty sustaining

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attention to tasks throughout a normal work day or work week without interruption “is not

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specifically preclusive of a full-time work schedule with adequate breaks.” (AR 25.) Her lack of

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neurological follow-up for her migraines or consistent counseling did not support a finding of

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inability to sustain full time work, “particularly if she were limited strictly to simple routine tasks.”

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(Id.) The ALJ also found the opinion generally consistent with plaintiff’s performance on MSE

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and memory testing. He therefore assigned the opinion significant weight.

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Plaintiff argues the ALJ erred in ignoring the assessed limitation to working with a

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supervisor and a few co-workers, and including only a more general limitation on working with

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the public. She maintains the limitation to “a supervisor” and “a few co-workers” contemplates a

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very specific workplace setting beyond just occasional public and co-worker contact, and requires

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a “small and supportive team.” (Dkt. 9 at 10.) Plaintiff also argues the ALJ gave short shrift to

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Dr. Wingate’s concerns regarding difficulty with sustaining attention to tasks, and failed to provide

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the necessary specific and legitimate reasons for rejecting her opinion of a limitation on sustaining

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regular and continuing work. The Court finds no error.

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The ALJ is responsible for assessing the medical opinion evidence. When evidence

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reasonably supports either confirming or reversing the ALJ’s decision, the Court may not

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substitute its judgment for that of the ALJ. Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999).

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“Where the evidence is susceptible to more than one rational interpretation, it is the ALJ’s

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conclusion that must be upheld.” Morgan v. Commissioner of the SSA, 169 F.3d 595, 599 (9th

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Cir. 1999). The “final responsibility” for decision issues such as an individual’s RFC “is reserved

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to the Commissioner.” SSR 96-5P. Accord 20 C.F.R. §§ 404.1527(d)(2), 404.1546(c). An RFC

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finding need not directly correspond to a specific medical opinion. Chapo v. Astrue, 682 F.3d

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1285, 1288 (10th Cir. 2012). The ALJ may incorporate the opinions of a physician by assessing

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RFC limitations entirely consistent with, but not identical to limitations assessed by the physician.

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See Turner v. Comm’r of Social Sec. Admin., 613 F.3d 1217, 1222-23 (9th Cir. 2010). An ALJ

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may reasonably decline to adopt the opinion of a physician “offered as a recommendation, not an

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imperative.” Carmickle v. Comm’r of SSA, 533 F.3d 1155, 1165 (9th Cir. 2008).

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Dr. Wingate did not limit plaintiff to working with a small and supportive team. She found

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plaintiff could probably work with a supervisor and a few coworkers, and would probably not

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work well with a lot of coworkers or the general public. (AR 352.) The evidence supports and

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the ALJ rationally interpreted the opinion of Dr. Wingate to allow for plaintiff’s ability to work

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with a supervisor, but no more than occasional interact with co-workers and the public. An

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alternative interpretation of the opinion of Dr. Wingate does not constitute error.

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Nor did the ALJ fail to account for Dr. Wingate’s opinion regarding attention and

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concentration. While noting difficulty in sustaining attention to tasks, Dr. Wingate found this

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impairment mild. (AR 352 (“Her current memory testing revealed some attention difficulties. She

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also tends to recall verbal information slightly better than visual information. She was observed

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to have some problems shifting attention as well. These mild impairments in attention and memory

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are likely due to anxiety and depression, but should certainly be monitored and a referral to a

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neurologist may be recommended if the problems increase.”)) As the Commissioner observes,

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RFC is the most a claimant can do considering her impairments and limitations. SSR 96-8p. The

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ALJ here reasonably accounted for the difficulty noted by Dr. Wingate by limiting plaintiff to

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performing routine and predictable tasks and precluding work in a fast-paced production type

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environment. (AR 21.) The ALJ also limited plaintiff to simple decisions, tolerating exposure to

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only few workplace changes, and to understanding, remembering, and applying only short and

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simple instructions, and declined to adopt Dr. Wingate’s opinion plaintiff could perform some

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complex tasks. (AR 21, 352.) The ALJ rationally interpreted the opinion of Dr. Wingate and his

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conclusion has the support of substantial evidence. The ALJ need only reconsider this opinion if

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necessitated by further consideration of the opinion of Dr. Collingwood.
Subjective Claims

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Plaintiff argues the ALJ failed to provide the necessary specific, clear, and convincing

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reasons to reject her testimony. See Burrell v. Colvin, 775 F.3d 1133, 1136-37 (9th Cir. 2014).

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The Court finds no error in the ALJ’s assessment of plaintiff’s subjective claims. (See AR 22-24.)

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That is, the ALJ reasonably found inconsistency between plaintiff’s statements and the medical

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evidence of record, see 20 C.F.R. § 404.1529(c)(4), Rollins, 261 F.3d at 857, and Carmickle, 533

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F.3d at 1161; inconsistency with the evidence of her treatment, see 20 C.F.R. § 404.1529(c)(3),

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SSR 96-7p and SSR 16-3p, and Tommasetti, 533 F.3d at 1039; and inconsistency with evidence

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of her activities, see Molina, 674 F.3d at 1112-13, and Orn v. Astrue, 495 F.3d 625, 639 (9th Cir.

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2007). However, the ALJ did fail to adequately consider the opinion of Dr. Collingwood,

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including her consideration of evidence associated with plaintiff’s treatment and other medical

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evidence of record. This error potentially implicates the ALJ’s assessment of plaintiff’s symptom

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testimony. The ALJ should also reconsider that testimony on remand.
Steps Four and Five

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The ALJ’s error in the consideration of the opinion of Dr. Collingwood may necessitate

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further consideration of plaintiff’s claim at steps four and five. The ALJ should, as necessary,

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reassess plaintiff’s claim at those steps on remand.
CONCLUSION

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For the reasons set forth above, this matter is REMANDED for further proceedings.

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DATED this 25th day of January, 2019.

A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER
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