Alice M. Gunter v. Carolyn W. Colvin, 2:16-cv-07527

Plaintiff Alice M. Gunter applied for SSDI/SSI alleging disability beginning January 1, 2012; ALJ denied benefits after a May 11, 2015 hearing and issued decision May 26, 2015.
ALJ found severe impairments: PTSD, anxiety, depression, right knee osteoarthritis, and obesity; RFC: medium work with frequent posturals and only occasional interaction with others.
ALJ found Plaintiff unable to perform past relevant work but capable of other work existing in significant numbers; benefits were denied.
Plaintiff later submitted a VA disability determination (80% service-connected, considered unemployable) to the Appeals Council; ALJ had closed the record before a complete VA file was before her.
Plaintiff challenged (1) the ALJ’s record development (failure to obtain/consider the VA determination) and (2) the ALJ’s reliance on Plaintiff’s activities of daily living to discount symptom severity/credibility.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ failed to fully and fairly develop the record by closing the record before a complete VA disability determination was submitted	ALice Gunter: ALJ closed the record without obtaining the VA decision, which would have carried "great weight" and could change the outcome	Berryhill: ALJ offered opportunity to submit VA evidence; counsel failed to timely obtain it; VA decision relied on pre-2012 records and duplicate material, so it would not change the result	Court: Any error was harmless. ALJ reasonably gave less weight to the VA rating because it was based on limited, pre-2012 records and the administrative record contained additional evidence the VA did not have.
Whether ALJ improperly discounted Plaintiff’s credibility by relying on activities of daily living	Gunter: ALJ penalized attempts to lead a normal life and improperly relied on sporadic activities to reject disabling symptoms	Berryhill: ALJ permissibly found inconsistencies between Plaintiff’s reports and the record (work at Renaissance Fair, Disneyland visits, cosmetology class, driving) supporting a credibility finding	Court: ALJ’s interpretation of activities was reasonable and supported by substantial evidence; Plaintiff’s inconsistent accounts justified finding only mild limitations in daily activities.

Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157 (9th Cir. 2012) (standard of review — substantial evidence)
Garrison v. Colvin, 759 F.3d 995 (9th Cir. 2014) (definition and review of "substantial evidence")
Aukland v. Massanari, 257 F.3d 1033 (9th Cir. 2001) (court must consider record as a whole, weighing supporting and detracting evidence)
Robbins v. Soc. Sec. Admin., 466 F.3d 880 (9th Cir. 2006) (court may not substitute its judgment if evidence can support either outcome)
Celaya v. Halter, 332 F.3d 1177 (9th Cir. 2003) (ALJ’s duty to fully and fairly develop the record)
McLeod v. Astrue, 640 F.3d 881 (9th Cir. 2011) (VA disability ratings ordinarily receive great weight but are not conclusive; harmless-error rule)
Garcia v. Comm’r of Soc. Sec., 768 F.3d 925 (9th Cir. 2014) (ALJ’s duty to develop the record can include ordering specific testing)
Rollins v. Massanari, 261 F.3d 853 (9th Cir. 2001) (ALJ’s reasonable interpretation of equivocal activity testimony entitled to deference)

Disposition: Commissioner’s decision AFFIRMED; judgment for Defendant.