Quiana Chase v. Carolyn Colvin
665 F. App'x 583
| 9th Cir. | 2016Background
- Quiana La Nay Chase applied for Social Security Disability Insurance and SSI; ALJ denied benefits; district court affirmed; Chase appealed to Ninth Circuit.
- Central evidence: a 2011 social-worker custody report by Pat Cripe describing erratic behavior, a 2009 psychiatric evaluation by Dr. Said Shefayee, ongoing treatment notes from Dr. Soleng Tom, and a later IQ/assessment report by Dr. Faith Tobias.
- ALJ gave greater weight to Dr. Shefayee’s comprehensive 2009 psychiatric exam and Dr. Tom’s treatment notes, finding Chase could perform simple repetitive tasks, accept supervision, and interact at work.
- ALJ rejected the Cripe custody report as non-medical and potentially influenced by drug use and custody advocacy; found it inconsistent with medical opinions.
- Chase missed two post-hearing psychological examinations the ALJ scheduled; ALJ kept the record open but found she failed to show good cause for absence.
- Chase submitted additional documents to the Appeals Council (a purported Dr. Jones/Brown questionnaire and Dr. Tobias’s report); the Ninth Circuit held they did not warrant remand as new material evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ improperly rejected lay/social-worker report | Cripe’s report probative of work-related limitations and should not be discounted | ALJ: Cripe report is a custody recommendation, not a medical opinion, and conflicts with medical evidence | Affirmed: ALJ gave germane reasons and relied on contrary medical evidence |
| Whether ALJ failed to provide Cripe reports to consultative examiner | ALJ should have furnished Cripe reports to Dr. Shefayee under consultative-exam rules | Cripe reports were created after Dr. Shefayee’s 2009 exam, so not available | Affirmed: timing shows reports postdate the exam; no error |
| Whether ALJ failed to fully and fairly develop the record by not obtaining additional psych exams | Chase: ALJ should have further developed record given ambiguity | ALJ kept record open and scheduled exams; Chase missed them without good cause | Affirmed: ALJ satisfied duty; claimant failed to show good cause for absence |
| Whether newly submitted evidence (Dr. Tobias, Dr. Jones/Brown questionnaire) requires remand under 42 U.S.C. § 405(g) sentence six | Chase: Tobias shows borderline IQ and would change outcome; Dr. Jones document supports mental-impairment findings | Commissioner: Tobias consistent with ALJ’s RFC; Jones/Brown document not clearly from a physician or dispositive | Affirmed: evidence not material to change outcome and claimant failed to show good cause for late submission |
Key Cases Cited
- Ryan v. Commissioner of Social Security, 528 F.3d 1194 (9th Cir.) (standard: substantial evidence and legal error review)
- Lewis v. Apfel, 236 F.3d 503 (9th Cir.) (requirements for rejecting lay-witness evidence)
- Valentine v. Commissioner of Social Security, 574 F.3d 685 (9th Cir.) (germane reasons required to discount lay testimony)
- Mayes v. Massanari, 276 F.3d 453 (9th Cir.) (sentence-six remand standards: materiality and good cause)
- Tonapetyan v. Halter, 242 F.3d 1144 (9th Cir.) (consultative exam opinions and substantial evidence)
- Brewes v. Commissioner of Social Security, 682 F.3d 1157 (9th Cir.) (Appeals Council evidence part of administrative record)
- Ward v. Schweiker, 686 F.2d 762 (9th Cir.) (materiality standard for new evidence)
- Booz v. Secretary of Health & Human Servs., 734 F.2d 1378 (9th Cir.) (reasonable possibility standard for new evidence)
- Smolen v. Chater, 80 F.3d 1273 (9th Cir.) (ALJ duty to develop record)