Danny Lopez v. Carolyn W. Colvin
5:16-cv-02641
C.D. Cal.Nov 29, 2017Background
- Lopez applied for Social Security disability insurance benefits with an alleged onset date of April 20, 2011; application denied and ALJ denied benefits after hearing; Appeals Council denied review.
- ALJ found Lopez had severe impairments (cervical/lumbar strain, right shoulder strain, anxiety, depression) and was insured through March 31, 2014.
- ALJ assessed an RFC for medium work with limits: sit/stand/walk 6 of 8 hours, frequent posturals, no continuous/repetitive neck movement, nonpublic work, simple repetitive tasks, only superficial non‑intense interaction.
- Two consultative exams: Dr. Hoang (3/25/2013) limited frequent lifting to 20 lbs and otherwise supported the ALJ’s RFC; Dr. Lane (1/27/2014) found no significant restrictions except avoiding repetitive cervical motion.
- ALJ gave great weight to both examiners but misstated Dr. Hoang’s frequent lift capacity as 25 lbs (medium work threshold) rather than 20 lbs.
- Court found the misstatement potentially material to step five (availability of medium work jobs) and remanded for further proceedings because the record does not permit a harmless‑error determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ’s transcription error (stating 25 lbs frequent vs. 20 lbs) was harmless | Lopez: ALJ misstated Dr. Hoang’s opinion; 20 lbs frequent would preclude medium work and undermine step‑five findings | Commissioner: Error is harmless and would not change the outcome | Court: Error not shown harmless on this record; remand required for further proceedings |
| Whether ALJ properly weighed examining physicians’ opinions | Lopez: ALJ erred in adopting inconsistent/unsupported limitations | Commissioner: ALJ permissibly gave great weight to examining opinions and even adopted greater restrictions | Court: ALJ’s weighing not overturned, but transcription/lifting error creates uncertainty requiring remand |
Key Cases Cited
- Moncada v. Chater, 60 F.3d 521 (9th Cir.) (substantial evidence standard)
- Drouin v. Sullivan, 966 F.2d 1255 (9th Cir.) (review of administrative record as whole)
- Barnhart v. Thomas, 540 U.S. 20 (U.S.) (definition of disability under Social Security Act)
- Orn v. Astrue, 495 F.3d 625 (9th Cir.) (weight of examining physician opinion)
- Molina v. Astrue, 674 F.3d 1104 (9th Cir.) (harmless error doctrine in Social Security cases)
- Marsh v. Colvin, 792 F.3d 1170 (9th Cir.) (harmless‑error standard: cannot assume harmlessness without confidence)