SUZANNE H. SEGAL, Magistrate Judge.
Plaintiff Michael Ivan Stobaugh ("Plaintiff") seeks review of the final decision of the Commissioner of the Social Security Administration (the "Commissioner" or the "Agency") denying him a Disability Insurance Benefits and Supplemental Security Income. The parties consented, pursuant to 28 U.S.C. § 636(c), to the jurisdiction of the undersigned United States Magistrate Judge. For the reasons stated below, the decision of the Commissioner is REVERSED AND REMANDED.
Plaintiff filed applications for Title II Disability Insurance Benefits ("DIB") and Title XVI Supplemental Security Income ("SSI") on May 19, 2011. (Administrative Record ("AR") 22). In both applications, Plaintiff alleged a disability onset date of June 10, 2009. (
Plaintiff requested review of the ALJ's decision, which the Appeals Council denied on February 15, 2013. (AR 1-6). Plaintiff filed the instant action on April 9, 2013.
Plaintiff was born on October 15, 1974. (AR 28). He was thirty-seven years old at the time of his hearing before the ALJ, which is defined as a younger individual. (
Dr. Blinder was Plaintiff's treating doctor. (AR 25). Plaintiff has been visiting Dr. Blinder since September 6, 2008. (AR 260). Dr. Blinder provided treatment to Plaintiff one to two sessions per month for a total of forty-nine visits. (
Dr. Franklin, an assistant clinical professor at the University of California, Irvine School of Medicine, conducted a clinical interview with Plaintiff on May 12, 2009. (AR 253). After the interview, on June 9, 2009, Dr. Franklin examined Plaintiff for a neuropsychiatric evaluation. (
Dr. Ella-Tamayo was retained by the Social Security Administration to perform a complete internal medicine evaluation of Plaintiff. (AR 276). Dr. Ella-Tamayo noted that Plaintiff can pick up about fifty pounds and "walks a lot without problem." (AR 277). Dr. Ella-Tamayo also noted that Plaintiff had a history of seizure disorder but has been seizure-free for thirteen years. (AR 280). Furthermore, Dr. Ella-Tamayo found no significant functional impairment. (
Dr. Goldsmith was retained by the Social Security Administration to perform a complete psychiatric evaluation of Plaintiff and provide a report. (AR 283). Dr. Goldsmith described Plaintiff's mood as "blunted" and his affective status as "dysphoric and anxious." (AR 285). Dr. Goldsmith noted that "[t]here is no evidence of thought blocking, loose associations, or tangentiality." (Id.). However, Dr. Goldsmith also stated that Plaintiff "would have difficulty functioning in the workplace." (AR 286). Dr. Goldsmith diagnosed Plaintiff with schizoaffective disorder by history, in fair remission. (
Dr. Kelly was a State Agency Psychologist, who evaluated the medical records provided by Plaintiff. (AR 26, 303). Dr. Kelly assessed Plaintiff's Mental Residual Functional Capacity and concluded that Plaintiff is moderately limited in his ability to carry out detailed instructions, maintain attention and concentration for extended periods, sustain an ordinary routine without special supervision, complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods, accept instructions and respond appropriately to criticism from supervisors, respond appropriately to changes in the work setting and set realistic goals or make plans independently of others. (AR 305). After reviewing the information, Dr. Kelly stated that "the overall MER supports an unskilled rating." (AR 306). Dr. Kelly also stated that despite some problems, Plaintiff can engage in "SRRT in consistent, predictable fashion." (
Vocational Expert ("VE"), June Hagen, testified at Plaintiff's hearing. (AR 58). The VE stated that given an individual of the same age, education and work experience as the Plaintiff, he would be able to perform work as a laborer, packager and a cleaner if he had to take five percent of the day in addition to the regularly scheduled breaks off. (AR 59-60). In another hypothetical posed to the VE based on Dr. Kelly's RFC, it was assumed that Plaintiff had "[m]oderate limitations in carrying out detailed instructions, maintaining attention and concentration for extended periods, sustaining ordinary, routine, without special supervision, completing a normal work day or week without interruption from psychological symptoms, and perform at a consistent pace, accepting instructions and responding in an appropriate manner to criticism from supervisors, responding appropriately to changes in the work setting, and also setting realistic goals or making plans independent of others." (AR 62). Based on this hypothetical, the VE concluded that Plaintiff will most likely not be able to get any job. (AR 63). The VE also stated that if Plaintiff was seriously limited but not precluded in the areas of maintaining attention for a two-hour segment, performing at a consistent pace without an unreasonable number and length of rest periods, responding appropriately to changes in a routine work setting, and also dealing with normal work stress, Plaintiff will not be able to obtain any job. (AR 63-64). This hypothetical was based on Dr. Blinder's RFC. (AR 63).
On July 8, 2011, Plaintiff's stepfather, Edward Hart, completed a Third Party Function Report ("TPF Report") regarding how Plaintiff's alleged disability limited his activities. (AR 181). Mr. Hart has known Plaintiff for twenty-three years. (
On February 12, 2013, Plaintiff's sister, Anne Stobaugh, wrote a letter describing how her twin brother's disability has impacted his life. (AR 224). Ms. Stobaugh mentions that Plaintiff has trouble concentrating over a long period of time. (
Plaintiff testified that he suffers from depression and insomnia and has been diagnosed with bipolar disorder, seizures and attention deficit disorder. (AR 44-45). Plaintiff stated that he gets six to eight hours of sleep per night but has trouble falling asleep. (AR 48). Plaintiff stated, "I, kind of, have to wait until I'm ready to sleep rather than just say this is a good time to sleep." (AR 53). Plaintiff testified that despite taking the prescribed medications, he still experiences symptoms of schizophreniform or depression. (AR 52). Plaintiff is able to take care of his personal needs such as making his own meals. (AR 50). However, Plaintiff also testified he has trouble keeping his room clean. (AR 54). Plaintiff needs motivation to take a shower. (AR 55). Plaintiff stated, "I do try to keep myself from getting just really, really bad. It seems like it's a lot of energy." (
To qualify for disability benefits, a claimant must demonstrate a medically determinable physical or mental impairment that prevents her from engaging in substantial gainful activity and that is expected to result in death or to last for a continuous period of at least twelve months.
To decide if a claimant is entitled to benefits, an ALJ conducts a five-step inquiry. 20 C.F.R. §§ 404.1520, 416.920. The steps are:
The claimant has the burden of proof at steps one through four, and the Commissioner has the burden of proof at step five.
The ALJ employed the five-step sequential evaluation process and concluded that Plaintiff was not disabled within the meaning of the Social Security Act. (AR 30). At step one, the ALJ found that Plaintiff had not engaged in substantial gainful activity since his alleged disability onset date of June 10, 2009. (AR 24). At step two, the ALJ found that Plaintiff had the severe impairments of schizophrenia and a depressive disorder, not otherwise specified. (AR 24). In assessing Plaintiff's impairment, the ALJ adopted the assessment of the examining doctor, Dr. Franklin, which states that Plaintiff suffers from schizophrenia with a depressive disorder. (AR 25). ALJ did not adopt Plaintiff's treating physician's assessment that he suffered from schizoaffective disorder diagnosis. (
At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. (
Next, at step four, the ALJ found that Plaintiff could not perform his past relevant work. (AR 28). The ALJ also found that "the claimant has the residual capacity to perform work at all exertional levels. However, mentally, the claimant is limited to simple routine repetitive work with simple work related decisions and routine workplace changes. The claimant should have no public contact, only occasional interaction with coworkers, and only occasional supervision. Further, due to his symptoms he would be off task 5% of the time beyond regular scheduled breaks. The claimant has no other significant limitations." (AR 25). Based on these findings, the ALJ stated that Plaintiff can perform other jobs in the national economy such as stores laborer, hand packager and housekeeping cleaner. (AR 29). Accordingly, the ALJ determined that Plaintiff is not disabled. (
Under 42 U.S.C. § 405(g), a district court may review the Commissioner's decision to deny benefits. The court may set aside the Commissioner's decision when the ALJ's findings are based on legal error or are not supported by substantial evidence in the record as a whole.
"Substantial evidence is more than a scintilla, but less than a preponderance."
Plaintiff challenges the ALJ's decision on two grounds. First, Plaintiff contends that the ALJ erred by improperly rejecting the medical evidence from the treating physician. (Memorandum in Support of Plaintiff's Complaint ("MSPC") at 2-3). Second, Plaintiff claims, the ALJ rejected Plaintiff's testimony without providing legally sufficient reasons. (
The opinions of a treating physician are entitled to greater weight because the treating physician is hired to cure and has a better opportunity to know and observe the claimant as an individual.
Here, the ALJ rejected the opinion of treating physician, Dr. Blinder, but failed to provide specific and legitimate reasons for rejecting Dr. Blinder's opinion. (AR 25). On the Mental Residual Functional Capacity Questionnaire, Dr. Blinder noted that Plaintiff is limited but satisfactory in the mental abilities and aptitudes needed to do unskilled work. (AR 262). Additionally, Plaintiff is seriously limited in maintaining attention for a two hour segment, performing at a consistent pace without an unreasonable number and length of rest periods, responding appropriately to changes in a routine work setting, and dealing with normal work stress. (
The ALJ adopted the assessment of Dr. Franklin, a psychologist, "because of his greater credentials and because of the thoroughness of his psychology assessment, which included not only a psychiatric interview and a mental status examination, but a battery of psychometric tests." (
In addition, it appears that Dr. Blinder and Dr. Franklin actually made somewhat consistent findings. Dr. Franklin stated that based on the neuropsychological evaluation, Plaintiff "has a significant difficulty with processing speed and reaction time." (AR 258). Dr. Franklin noted that "this would impact his efficiency at work in which it would take him longer to finish each task." (
Furthermore, Dr. Goldsmith, a doctor retained by the Social Security Administration, performed a complete psychiatric evaluation of Plaintiff which was also consistent with Dr. Blinder's results. (AR 283). Dr. Goldsmith stated that Plaintiff's mood was blunted, dysphoric and anxious. (AR 286). This corresponds with Dr. Franklin's observations. Dr. Franklin had also noted that Plaintiff's mood was dysphoric. (AR 255). Dr. Goldsmith also found that Plaintiff "would have difficulty functioning in the workplace." (AR 286). Dr. Kelly, a state agency physician, conducted a Mental Residual Functional Capacity Assessment and found that Plaintiff is "moderately limited" in his ability to carry out detailed instructions, maintain attention and concentration for extended periods, sustain an ordinary routine without special supervision, complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods, accept instructions and respond appropriately to criticism from supervisors, respond appropriately to changes in the work setting and set realistic goals or make plans independently of others. (AR 305). Dr. Goldsmith's findings are consistent with the limitations suggested by Dr. Blinder.
During the administrative hearing, the ALJ presented to the VE the following hypothetical:
(AR 59-60). The VE concluded that in this scenario Plaintiff would not be able to perform his past work but he would be able to perform other jobs. (AR 60). The VE reached a different conclusion when presented with a hypothetical based on the RFC incorporating Dr. Blinder's limitations. (AR 63-64). The VE testified that such an individual will be precluded from performing any work. (AR 64). The VE reached the same conclusion when presented with a hypothetical based on the RFC incorporating Dr. Kelly's limitations. (AR 62-63). The reports of Dr. Blinder, Dr. Franklin, Dr. Goldsmith and Dr. Kelly all illustrate that Plaintiff would have difficulty performing tasks at work. Dr. Blinder stated that Plaintiff is seriously limited in responding appropriately to changes in a routine work setting, and dealing with normal work stress. (AR 262). Dr. Franklin, whose assessment ALJ adopted, stated that Plaintiff's efficiency at work will be impacted because "it would take him longer to finish each task." (AR 258). Similarly, Dr. Goldsmith declared that Plaintiff "would have difficulty functioning in the workplace." (AR 286). Also, Dr. Kelly reported that Plaintiff is moderately limited in his ability to sustain an ordinary routine without special supervision, complete a normal workday and workweek without interruptions from psychologically based symptoms, accept instructions and respond appropriately to criticism from supervisors, and respond appropriately to changes in the work setting. (AR 305).
"To say that medical opinions are not supported by sufficient objective findings or are contrary to the preponderant conclusions mandated by the objective findings does not achieve the level of specificity our prior cases have required."
The ALJ may reject a plaintiff's testimony if he or she makes an explicit credibility finding that is "supported by a specific, cogent reason for the disbelief."
The ALJ rejected Plaintiff's testimony as incredible due to lack of medical support. (AR 27). This is not a clear and convincing reason, as the medical records supplied by Dr. Blinder offer substantial support for Plaintiff's testimony. In addition, Plaintiff's sister specified that Plaintiff's previous employer notified her that Plaintiff's "behavior was progressively becoming more odd, his attention span shorter, the others on the team were afraid he would have a mental break down at work that could potentially become violent; and he was making mistake after mistake." (AR 224). This statement is further support for Plaintiff's testimony.
The ALJ also relied on Plaintiff's daily activities. However, the Ninth Circuit "has repeatedly asserted that the mere fact that a plaintiff has carried on certain daily activities, such as grocery shopping, driving a car, or limited walking for exercise, does not in any way detract from [the plaintiff's] credibility as to [the plaintiff's] overall disability."
Additionally, the ALJ noted that Plaintiff applied for unemployment benefits. (AR 27-28). While the Ninth Circuit has recognized that receipt of unemployment benefits can undermine a claimant's alleged inability to work, it also has observed that only full-time employment "is inconsistent with [claimant's] disability allegations."
Consistent with the foregoing, IT IS ORDERED that Judgment be entered REVERSING AND REMANDING the decision of the Commissioner. The Clerk of the Court shall serve copies of this Order and the Judgment on counsel for both parties.