Nicholson v. Commissioner Social Security Administration
3:24-cv-01413
D. Or.Jun 18, 2025Background
- Plaintiff, a 48-year-old man, claimed disability due to irritable bowel syndrome (IBS) and anterior cutaneous nerve entrapment syndrome.
- He filed for Disability Insurance Benefits and Supplemental Security Income in October 2021, alleging disability since August 2021.
- His application was denied at the initial and reconsideration levels; after a hearing before the ALJ, he was again found not disabled in February 2024.
- The Appeals Council denied review, making the ALJ’s decision the final agency decision.
- Plaintiff sought judicial review, arguing legal errors in the denial, specifically relating to the ALJ’s evaluation of medical opinions and symptom testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ALJ's rejection of treating physician Dr. Tarlow's opinion | ALJ erred in not crediting Dr. Tarlow’s view that more extensive work breaks were needed | ALJ reasonably found Dr. Tarlow’s limitations unsupported by the medical record | ALJ properly discounted in part; opinion was unsupported |
| ALJ treatment of Plaintiff's subjective symptom testimony | ALJ failed to provide clear and convincing reasons for rejecting his disabling symptoms | ALJ properly cited inconsistencies with medical evidence and improvement with treatment | ALJ properly discounted Plaintiff’s allegations |
Key Cases Cited
- Keyser v. Comm'r Soc. Sec. Admin., 648 F.3d 721 (9th Cir. 2011) (establishes the five-step sequential process for disability evaluation)
- Bustamante v. Massanari, 262 F.3d 949 (9th Cir. 2001) (clarifies burdens of proof in disability cases)
- Batson v. Comm'r of Soc. Sec. Admin., 359 F.3d 1190 (9th Cir. 2004) (standard of review for substantial evidence)
- Bray v. Comm'r of Soc. Sec. Admin., 554 F.3d 1219 (9th Cir. 2009) (contradictions with medical record sufficient for discounting subjective testimony)
- Rollins v. Massanari, 261 F.3d 853 (9th Cir. 2001) (objective evidence not sole basis for rejecting claimant’s allegations)
- Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996) (ALJ must provide clear and convincing reasons to reject symptom testimony)