Colton v. Commissioner Social Security Administration, 3:15-cv-01962

Background

Linda Colton (b.1955) applied for DIB and SSI alleging disability beginning Sept. 1, 2011 based on diabetes with neuropathy, recurrent cellulitis, COPD, coronary disease (post-MI with stent), depression, and mild neuropsychological impairment.
Application denied at initial/reconsideration levels; ALJ hearing held April 15, 2015; ALJ found Colton not disabled on June 11, 2015; Appeals Council denied review; Colton sought district-court review.
ALJ found severe impairments: diabetes with peripheral neuropathy, recurrent cellulitis, COPD, and status-post MI; nonsevere: hypertension, obesity, sleep apnea, depression.
ALJ adopted two RFC periods: (1) amended onset to June 30, 2013 — light work with about 5 hours total sit/stand/walk in 8-hour day and avoidance of concentrated respiratory exposures; (2) June 30, 2013–decision date — sedentary work with additional postural, foot-control, and hazard/exposure limits.
ALJ found Colton could perform her past work as an admitting clerk under both RFCs and therefore not disabled.
Magistrate Judge Clarke recommended reversal and remand because the Appeals Council-added opinions from Drs. Brewer and Manning created unresolved conflicts and material ambiguities that the ALJ did not address; those opinions could change the disability analysis.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
ALJ's evaluation of Colton's subjective symptom testimony	Colton argued the ALJ improperly discounted her testimony about pain, numbness, concentration, and memory.	Commissioner contended ALJ gave clear and convincing reasons (poor diabetes management, symptom improvement on medication, limited objective findings).	Court held ALJ provided clear and convincing, rational reasons to discount Colton's subjective testimony.
ALJ's treatment of lay-witness (mother) testimony	Colton argued ALJ failed to give germane reasons for discounting her mother’s statements about functional limits.	Commissioner conceded error but asserted it was harmless because lay testimony duplicated claimant’s rejected assertions.	Court found error harmless because lay testimony did not add limitations beyond Colton's own (properly discounted) testimony.
Weight given to examining/other medical opinions (Dr. Trueblood)	Colton argued the ALJ ignored that Trueblood diagnosed neuropsychological impairment and recommended gradual, low-stress return to work.	Commissioner: Trueblood found only mild impairment and only recommended (not mandated) gradual/low-stress return; ALJ reasonably incorporated the mild finding.	Court held ALJ reasonably credited Trueblood’s mild impairment opinion and permissibly declined to adopt a non-mandatory recommendation.
New medical opinions considered by Appeals Council (Drs. Brewer & Manning)	Colton argued the new opinions (esp. Manning) show greater limitations that would undermine the RFC and past-work finding.	Commissioner noted Appeals Council considered but found no basis to change ALJ’s decision; some opinions conflict with existing record/other providers.	Court held ALJ failed to provide sufficient reasons for rejecting Brewer and Manning; their opinions created material conflicts and ambiguities requiring remand for further proceedings.

Key Cases Cited

Keyser v. Comm'r, 648 F.3d 721 (9th Cir. 2011) (summarizing the five-step disability evaluation)
Bustamante v. Massanari, 262 F.3d 949 (9th Cir. 2001) (allocation of burdens at steps one through five)
Molina v. Astrue, 674 F.3d 1104 (9th Cir. 2012) (failure to follow prescribed treatment may undermine credibility)
Orn v. Astrue, 495 F.3d 625 (9th Cir. 2007) (weighting treating/examining/reviewing opinions)
Reddick v. Chater, 157 F.3d 715 (9th Cir. 1998) (ALJ must give specific, legitimate reasons to reject evidence)
Dominguez v. Colvin, 808 F.3d 403 (9th Cir. 2015) (standards for remand for further proceedings vs. immediate benefits)
Burrell v. Colvin, 775 F.3d 1133 (9th Cir. 2014) (prerequisites for remand with award of benefits)