Kimberly Robinson v. Carolyn Colvin
666 F. App'x 687
| 9th Cir. | 2016Background
- Kimberly Robison applied for Social Security Title II disability benefits, alleging bipolar disorder with frequent manic and depressive episodes that impair her ability to work.
- At hearing Robison testified to 2–3 manic episodes per month (including violence, psychosis, racing thoughts) and 2–3 depressive episodes per month (agoraphobia, suicidal ideation), and that stress worsens symptoms.
- The ALJ found her statements not fully credible and adopted a residual functional capacity (RFC) inconsistent with the claimed severity.
- ALJ relied on Robison’s daily living activities, personal care, ability to handle money, social contacts, being fired (noted as termination unrelated to disability), missed appointments/refusal of some counseling, low earnings history, and an ‘‘inadequate effort’’ on a consultative breath test.
- The ALJ gave no weight to opinions of Robison’s treating nurse practitioner, citing allegedly consistent good mental-status exams and other evidence.
- The Ninth Circuit reversed and remanded, holding the ALJ failed to give specific, clear, and convincing reasons to reject Robison’s symptom testimony and erred in discounting the treating nurse practitioner without properly considering Robison’s mental-health history.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ gave legally sufficient reasons to reject Robison’s symptom testimony | Robison: ALJ failed to provide specific, clear, and convincing reasons to discount her testimony about frequency/severity of bipolar episodes | ALJ: daily activities, work history, missed appointments, low earnings, and poor test effort undermine credibility | Reversed — ALJ did not provide clear and convincing reasons; cited activities and terminated employment do not clearly undermine testimony; missed treatment and test effort explanations inadequate |
| Whether the ALJ permissibly discounted the treating nurse practitioner’s opinion | Robison: NP’s opinion reflects severity and work limitations given long mental-health history | ALJ: mental-status exams inconsistent with NP opinion | Reversed — ALJ erred by not accounting for episodic nature of bipolar disorder and full treatment/hospitalization history when rejecting NP opinion |
| Whether missed appointments or refusal of counseling can be used to discredit a claimant with mental impairment | Robison: poor judgment in seeking treatment is part of impairment and cannot be used to punish claimant | ALJ: missed appointments/refusal show lack of severity/motivation | Reversed — court cautioned against penalizing mental-illness-related poor judgment and found record showed ongoing treatment, so ALJ’s reliance was improper |
| Whether remand for further proceedings is required | Robison: ALJ’s errors require remand for proper credibility and medical-opinion evaluation | Commissioner: errors not reversible? (implicit) | Remanded for further administrative proceedings to resolve inconsistencies and reassess testimony and medical opinions |
Key Cases Cited
- Lingenfelter v. Astrue, 504 F.3d 1028 (9th Cir. 2007) (ALJ must give clear and convincing reasons to reject claimant symptom testimony)
- Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996) (standards for evaluating credibility of subjective complaints)
- Nguyen v. Chater, 100 F.3d 1462 (9th Cir. 1996) (prudence in evaluating treatment refusal by mentally impaired claimants)
- Holohan v. Massanari, 246 F.3d 1195 (9th Cir. 2001) (ALJ must consider entire medical history, including chronic and episodic conditions)
- Garrison v. Colvin, 759 F.3d 995 (9th Cir. 2014) (context required when weighing medical evidence and symptom testimony)
- Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090 (9th Cir. 2014) (remand required to resolve evidentiary conflicts)
- Solis v. Schweiker, 719 F.2d 301 (9th Cir. 1983) (denial of subpoena relating to cross-examination of physicians may be abuse of discretion)