Maria Gutierrez v. Carolyn Colvin
671 F. App'x 473
| 9th Cir. | 2016Background
- Maria Gutierrez appealed the denial of Title II disability insurance benefits after an ALJ found her not disabled.
- The district court affirmed the ALJ; Gutierrez appealed to the Ninth Circuit, which reviewed de novo.
- Gutierrez testified she was disabled and unable to sustain full-time work due to an injury and pain.
- The ALJ cited her daily activities, post-injury work and job search efforts, nominal effort during a diagnostic exam, and reports that ibuprofen/Tylenol controlled her pain as reasons to discredit her testimony.
- Gutierrez asserted she required mid-day naps from pain medication; the ALJ did not explicitly address that claim.
- The Ninth Circuit held any failure to address the naps claim was harmless because the record supported the ALJ’s finding that she exaggerated pain and did not need sedating medication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ properly discredited Gutierrez’s subjective pain testimony | ALJ failed to credit her testimony that pain prevents sustained full-time work | ALJ properly rejected testimony based on inconsistent activities, weak exam effort, and effective OTC pain control | ALJ’s credibility finding supported by specific, clear, convincing reasons; affirmed |
| Whether ALJ erred by not addressing claimed mid-day naps from medication | ALJ’s omission left an unaddressed limitation that could affect RFC | Any omission harmless because underlying need for sedating meds was unsupported | Error, if any, was harmless; did not change outcome |
| Standard of review for ALJ decision | N/A (procedural) | N/A | Court reviews de novo; reverses only for legal error or lack of substantial evidence |
| Whether evidence of job search/work undermines disability claim | Job search could reflect ongoing limitations despite attempts | Such activities demonstrate greater functional capacity than claimed | Activities and job search supported ALJ’s adverse credibility finding |
Key Cases Cited
- Ghanim v. Colvin, 763 F.3d 1154 (9th Cir. 2014) (standard for reviewing ALJ credibility determinations)
- Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090 (9th Cir. 2014) (ALJ must provide specific reasons for discounting testimony)
- Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219 (9th Cir. 2009) (credibility and consistency with daily activities and medical evidence)
- Parra v. Astrue, 481 F.3d 742 (9th Cir. 2007) (ALJ may consider inconsistencies between claimant’s testimony and record)
- Curry v. Sullivan, 925 F.2d 1127 (9th Cir. 1991) (harmless error doctrine in disability determinations)