(SS) Harrison Campbell v. Commissioner of Social Security
1:17-cv-00500
E.D. Cal.Feb 20, 2018Background
- Plaintiff Courtney Erin Harrison Campbell applied for DIB alleging disability from May 27, 2011; insured through June 30, 2015. ALJ denied benefits; Appeals Council denied review; district court affirmed.
- Claimed impairments included severe migraines, pituitary tumor, hypothyroidism, ADD, fatigue, agoraphobia, anxiety, and panic attacks.
- ALJ found severe impairments limited to chronic migraine and mild cervical degenerative disc disease; mental impairments (ADD, agoraphobia) were found non-severe at step two.
- ALJ assessed RFC: medium work (lift 50/25 lbs) with restrictions (avoid concentrated exposure to excessive noise, bright lights, unprotected heights, fast unprotected machinery, uneven terrain) and concluded plaintiff could perform past work as claims clerk.
- Key evidentiary points supporting non-severity: limited mental-health treatment (two psychiatry visits in 2015), state agency psychologists’ reviews concluding non-severe mental impairment, and plaintiff’s reported daily activities (driving short distances, household tasks, managing finances) and appropriate behavior at the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ erred at step two by finding mental impairments non-severe | Mental impairments (ADD, agoraphobia, anxiety, panic) were severe and caused greater-than-mild limitations | Substantial evidence shows mental impairments caused no more than mild limitations; state reviewers and objective record support non-severity | Court: ALJ did not err; substantial evidence supports non-severity finding |
| Whether ALJ had a duty to further develop the record (consultative exam/medical advisor) | ALJ should have obtained additional mental-health evaluation or consultative exam given limited treatment and possible underreporting | Plaintiff bears burden; record contained treatment notes, consults, state reviews; ALJ left record open and no ambiguity required further development | Court: ALJ had no duty to further develop record; decision supported by existing evidence |
Key Cases Cited
- Nguyen v. Chater, 100 F.3d 1462 (9th Cir. 1996) (mental illness is often underreported; courts must be cautious when criticizing lack of treatment)
- Stout v. Commissioner, 454 F.3d 1050 (9th Cir. 2006) (standard for ALJ factual findings when evidence permits multiple rational interpretations)
- Hill v. Astrue, 698 F.3d 1153 (9th Cir. 2012) (review for substantial evidence and legal error in social security cases)
- Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996) (severity threshold and substantial-evidence standard)
- Tonapetyan v. Halter, 242 F.3d 1144 (9th Cir. 2001) (circumstances requiring ALJ to further develop the record)
- McLeod v. Astrue, 640 F.3d 881 (9th Cir. 2011) (ALJ must develop record when ambiguity or insufficiency exists)