Myles Brock v. Nancy Berryhill
707 F. App'x 459
| 9th Cir. | 2017Background
- Myles Brock applied for Social Security disability insurance benefits and SSI; ALJ denied benefits and district court affirmed.
- Brock’s impairments included bipolar disorder and alcohol addiction; nurse practitioner Jennifer Reffel treated him and opined he experienced dramatic mood swings even when sober.
- ALJ gave Reffel’s opinion "little weight" and relied on an examining doctor's opinion plus records noting mood stability when Brock was sober and medication-compliant.
- ALJ concluded Brock’s bipolar disorder alone was not disabling and then analyzed whether alcoholism was a contributing-factor materiality (DAA) issue.
- Brock appealed; Ninth Circuit reviews de novo and found errors in the ALJ’s evaluation and DAA analysis, reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ALJ’s discounting of treating NP opinion | ALJ improperly gave Reffel’s opinion little weight without valid germane reasons | ALJ relied on contradictory examining physician and apparent inconsistency with treatment records | Reversed: two reasons the Commissioner conceded were invalid; other reasons insufficient given treating relationship |
| Weighing "other source" medical evidence | Reffel’s treating status required more credit; ALJ cherry-picked improvements | ALJ permissibly cited contradictory evidence and records showing stability | Reversed: ALJ erred by picking isolated improvements and failing to consider full diagnostic picture |
| DAA (alcoholism) two-step procedure | ALJ failed to first assess disability from combined bipolar + alcoholism impairments before deciding bipolar alone nondisabling | ALJ assessed bipolar alone and then considered materiality, arguing outcome would be same | Reversed: ALJ must evaluate combined impairments before finding alcoholism a material contributing factor |
| Harmless error | Any errors were harmless because record supports denial regardless | Errors were harmless or would not change outcome | Not harmless: Ninth Circuit concluded errors could have affected the nondisability finding and remanded |
Key Cases Cited
- Brown-Hunter v. Colvin, 806 F.3d 487 (9th Cir. 2015) (standard for reviewing ALJ errors and harmless-error analysis)
- Britton v. Colvin, 787 F.3d 1011 (9th Cir. 2015) (ALJ may discount nurse practitioner opinion only for germane reasons)
- Ghanim v. Colvin, 763 F.3d 1154 (9th Cir. 2014) (mental impairments must be evaluated in full clinical context)
- Garrison v. Colvin, 759 F.3d 995 (9th Cir. 2014) (ALJ may not rely on isolated periods of improvement to reject ongoing mental illness)
- Bustamante v. Massanari, 262 F.3d 949 (9th Cir. 2001) (DAA-related error when materiality not assessed after evaluating combined impairments)
- Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090 (9th Cir. 2014) (remand for further proceedings when ALJ error is not harmless)