Tony Warzecha v. Nancy Berryhill
692 F. App'x 859
9th Cir.2017Background
- Tony Warzecha appealed the denial of his Title II and XVI disability benefits; Ninth Circuit review of district court affirmance.
- ALJ credited nonexamining medical consultants over an examining physician (Dr. Prescott), citing Warzecha’s work history and sparse objective medical evidence.
- The ALJ noted Warzecha’s limited treatment history; any error relying on that was deemed harmless.
- A prior medical examination was not included in the administrative record because it predated the alleged onset date.
- Warzecha submitted additional records to the Appeals Council; the Council returned them without consideration because they related to a period after the ALJ’s decision.
- Warzecha sought remand based on the new evidence; the court found he failed to show good cause and materiality required for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ reasonably rejected Dr. Prescott's opinion | Dr. Prescott’s examining opinion should control | ALJ properly relied on nonexamining consultants, claimant's work history, and lack of objective evidence | Affirmed: ALJ permissibly rejected Prescott per Ninth Circuit precedent |
| Whether ALJ erred by referencing claimant’s limited treatment | Treating history not indicative of non-disability; ALJ erred to rely on it | Any error was harmless to the outcome | Harmless error — reliance on treatment gap did not affect result |
| Whether prior exam should have been included in record | Omitted exam was relevant evidence | Exam significantly predated alleged onset and was of limited relevance | No error in excluding pre-onset exam from record |
| Whether case should be remanded for new evidence submitted to Appeals Council | New records to Appeals Council warranted remand (good cause and materiality) | Appeals Council properly declined to consider records that postdated ALJ decision; claimant failed to show good cause or materiality | No remand: claimant failed to show good cause and that evidence was material |
Key Cases Cited
- Ghanim v. Colvin, 763 F.3d 1154 (9th Cir. 2014) (standard of de novo review stated)
- Bayliss v. Barnhart, 427 F.3d 1211 (9th Cir. 2005) (ALJ may reject examining physician opinion contradicted by claimant’s work history)
- Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595 (9th Cir. 1999) (nonexamining opinion supported by record can constitute substantial evidence)
- Molina v. Astrue, 674 F.3d 1104 (9th Cir. 2012) (harmless error doctrine in Social Security cases)
- Carmickle v. Comm’r of Soc. Sec. Admin., 533 F.3d 1155 (9th Cir. 2008) (medical opinions predating alleged onset have limited relevance)
- Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157 (9th Cir. 2012) (Appeals Council must consider evidence for it to become part of the administrative record)
- Wood v. Burwell, 837 F.3d 969 (9th Cir. 2016) (requirements for remand based on new evidence: materiality and good cause)
- Key v. Heckler, 754 F.2d 1545 (9th Cir. 1985) (seeking new treatment after denial does not necessarily show good cause)
- Booz v. Sec’y of Health & Human Servs., 734 F.2d 1378 (9th Cir. 1984) (materiality requires reasonable possibility that new evidence would change outcome)