Green v. Commissioner Social Security Administration
6:16-cv-00075
D. Or.May 30, 2017Background
- Susan C. Green applied for DIB and SSI, alleging disability beginning March 10, 2008; insured through December 31, 2013. She filed in 2009 and was denied; ALJ denied benefits in 2012. The Appeals Council denied review.
- Green obtained District Court review; in 2014 the court reversed and remanded, instructing the ALJ to reassess medical opinion evidence, subjective complaints/RFC, and transferable skills.
- On remand, a new ALJ held a hearing (July 30, 2015) and issued a decision (Sept. 25, 2015) again finding Green not disabled through her date last insured.
- The ALJ found severe impairments (Tarlov cyst disease, prior aminotomy/fenestration, sacral meningoceles, mild lumbar disc desiccation) but not a listing-level impairment; assessed an RFC for a limited range of light work with sit/stand option and various postural/avoidance limitations.
- The ALJ discounted Green’s symptom testimony and gave limited weight to treating physician Dr. McAndrew’s restrictive opinion, instead relying more on examining and treating records from other physicians (Drs. Nolan and Rusu).
- At step five the ALJ (via a VE) found Green had transferable skills to telephone sales/order clerk jobs existing in the national economy; the district court affirmed the Commissioner, finding the ALJ’s decision supported by substantial evidence and proper legal standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of subjective symptom testimony | Green: ALJ failed to give clear and convincing reasons to reject her symptom statements | Commissioner: ALJ provided specific reasons (daily activities, objective medical inconsistencies, treatment history) | Court: ALJ gave clear and convincing, specific reasons supported by substantial evidence; no error |
| Weight given to treating physician (Dr. McAndrew) | Green: ALJ wrongly discounted treating doctor; Dr. McAndrew reviewed records and should carry more weight | Commissioner: Treating opinion conflicted with other medical evidence and was unsupported/conclusory, so ALJ may give it little weight | Court: Opinions were contradicted; ALJ provided specific and legitimate reasons to discount Dr. McAndrew (unsupported, based on discredited subjective complaints) |
| RFC determination | Green: If her and Dr. McAndrew's testimony credited, RFC would be more restrictive and support disability | Commissioner: RFC reflects limitations supported by record and other medical opinions | Court: RFC supported by substantial evidence (objective findings and examining opinions); no reversible error |
| Step five / transferable skills | Green: Commissioner failed to meet burden to show work exists Green can do | Commissioner: VE testimony established transferable skills and jobs in national economy | Court: VE testimony and RFC support finding of transferable skills and jobs; Commissioner met burden |
Key Cases Cited
- Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996) (ALJ must give clear and convincing reasons to reject claimant's testimony when no malingering shown)
- Batson v. Comm'r Soc. Sec. Admin., 359 F.3d 1190 (9th Cir. 2004) (court must defer to ALJ when evidence supports more than one rational interpretation)
- Richardson v. Perales, 402 U.S. 389 (Sup. Ct. 1971) (definition of substantial evidence)
- Garrison v. Colvin, 759 F.3d 995 (9th Cir. 2014) (treatment of contradicted vs. uncontradicted treating opinions)
- Magallanes v. Bowen, 881 F.2d 747 (9th Cir. 1989) (non-treating opinions can constitute substantial evidence when consistent with record)
- Thomas v. Barnhart, 278 F.3d 947 (9th Cir. 2002) (court should not second-guess ALJ credibility findings supported by substantial evidence)
- Molina v. Astrue, 674 F.3d 1104 (9th Cir. 2012) (daily activities may undermine claims of totally debilitating impairments when transferable to work)