Tracy Costa v. Nancy Berryhill
700 F. App'x 651
| 9th Cir. | 2017Background
- Tracy Costa applied for Social Security disability insurance benefits; ALJ denied benefits and the district court affirmed. Ninth Circuit reviews de novo and reverses.
- Costa has oculodentodigital dysplasia (ODDD), a rare progressive genetic disorder causing peripheral neuropathy, weakness, spasticity, pain, syndactyly history, and possible white-matter brain changes; she also suffers frequent, severe migraines.
- Costa and her husband testified that her condition increasingly prevents regular work and often leaves her unable to perform even minimal activities several days per week; her home‑health aide work mainly involved sleeping nearby during her daughter’s nocturnal seizures.
- Treating physicians diagnosed ODDD and documented progressive symptoms; limited effective treatment options were available and Costa made repeated ER visits for migraines.
- The ALJ discounted Costa’s and her husband’s testimony, gave weight to nonexamining state agency opinions, and relied on perceived inconsistencies (daily activities, lack of surgery/physical therapy, and sporadic migraine control) to deny benefits.
- The Ninth Circuit found the ALJ committed multiple legal errors in evaluating symptom testimony, lay witness testimony, and treating‑physician evidence, and remanded for further proceedings on an open record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ gave valid reasons to reject Costa’s symptom testimony | Costa: ALJ failed to provide clear, convincing, supported reasons; daily activities and intermittent work do not show ability to work | ALJ: Activities, work history, and some reports of migraine control undermine credibility | Rejected — ALJ did not give clear and convincing reasons; must consider frequency/progression and inconsistent cherry‑picking |
| Whether ALJ permissibly rejected husband’s lay testimony | Costa: Husband’s testimony corroborates limitations and was found credible; it is a germane lay witness statement | ALJ: Husband is not an ‘‘acceptable medical source’’ and his opinion conflicts with medical record | Rejected — No germane reason to wholly discount credible lay testimony |
| Whether ALJ permissibly discounted treating physicians’ opinions | Costa: Treating opinions consistent with progressive ODDD and symptoms; ALJ mischaracterized inconsistencies | ALJ: Treating opinions conflict with plaintiff’s statements and objective evidence; nonexamining opinions were entitled to weight | Rejected — ALJ failed to account for progressive nature, limited treatment options, and probative treating evidence |
| Whether errors were harmless or require remand with instructions | Costa: Errors affected outcome; testimony and treating opinions are highly probative | SSA: Errors harmless because nonexamining opinions and portions of record support denial | Rejected — Errors not harmless; remand for further proceedings on open record required |
Key Cases Cited
- Lingenfelter v. Astrue, 504 F.3d 1028 (9th Cir. 2007) (substantial evidence standard and weighing record as a whole)
- Robbins v. Soc. Sec. Admin., 466 F.3d 880 (9th Cir. 2006) (definition of substantial evidence)
- Garrison v. Colvin, 759 F.3d 995 (9th Cir. 2014) (limits on rejecting symptom testimony and cherry‑picking favorable evidence)
- Orn v. Astrue, 495 F.3d 625 (9th Cir. 2007) (consideration of work activity in credibility analysis)
- Bruce v. Astrue, 557 F.3d 1113 (9th Cir. 2009) (lay witness testimony must be given germane reasons if rejected)
- Ghanim v. Colvin, 763 F.3d 1154 (9th Cir. 2014) (consider progressive conditions and totality of treatment history)
- Molina v. Astrue, 674 F.3d 1104 (9th Cir. 2012) (harmless‑error framework for ALJ mistakes)
- Marsh v. Colvin, 792 F.3d 1170 (9th Cir. 2015) (standard for determining whether ALJ error is harmless)
- Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090 (9th Cir. 2014) (when factual issues remain, remand for further proceedings is appropriate)