United States District Court, D. Oregon
Tim
Wilborn, Attorney for Plaintiff
Billy
J. Williams Janice E. Hebert Attorneys for Defendant
OPINION AND ORDER
Garr
M. King United States District Judge
Plaintiff
Steven Yeaple brings this action pursuant to section 205(g)
of the Social Security Act, as amended, 42 U.S.C. §
405(g), to obtain judicial review of a final decision of the
Commissioner denying plaintiff's application for
disability insurance benefits (“DIB”) and
supplemental security income benefits (“SSI”). I
reverse the decision of the Commissioner and remand for
further proceedings.
BACKGROUND
Yeaple
filed applications for SSI and DIB on June 11, 2012, alleging
a disability onset date of June 5, 2008. The applications
were denied initially and upon reconsideration. After a
timely request for a hearing, Yeaple, represented by counsel,
appeared and testified before an Administrative Law Judge
(“ALJ”) on May 19, 2014.
On July
16, 2014, the ALJ issued a decision finding Yeaple not
disabled within the meaning of the Act and therefore not
entitled to benefits. This decision became the final decision
of the Commissioner when the Appeals Council declined to
review the decision of the ALJ on November 10, 2015.
DISABILITY
ANALYSIS
The
Social Security Act (the “Act”) provides for
payment of disability insurance benefits to people who have
contributed to the Social Security program and who suffer
from a physical or mental disability. 42 U.S.C. §
423(a)(1). In addition, under the Act, supplemental security
income benefits may be available to individuals who are age
65 or over, blind, or disabled, but who do not have insured
status under the Act. 42 U.S.C. § 1382(a).
The
claimant must demonstrate an inability to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be
expected to cause death or to last for a continuous period of
at least twelve months. 42 U.S.C. §§ 423(d)(1)(A)
and 1382c(a)(3)(A). An individual will be determined to be
disabled only if his physical or mental impairments are of
such severity that he is not only unable to do his previous
work but cannot, considering his age, education, and work
experience, engage in any other kind of substantial gainful
work which exists in the national economy. 42 U.S.C.
§§ 423(d)(2)(A) and 1382c(a)(3)(B).
The
Commissioner has established a five-step sequential
evaluation process for determining if a person is eligible
for either DIB or SSI due to disability. The evaluation is
carried out by the ALJ. The claimant has the burden of proof
on the first four steps. Parra v. Astrue, 481 F.3d
742, 746 (9th Cir. 2007); 20 C.F.R. §§
404.1520 and 416.920. First, the ALJ determines whether the
claimant is engaged in “substantial gainful
activity.” 20 C.F.R. §§ 404.1520(b) and
416.920(b). If the claimant is engaged in such activity,
disability benefits are denied. Otherwise, the ALJ proceeds
to step two and determines whether the claimant has a
medically severe impairment or combination of impairments. A
severe impairment is one “which significantly limits
[the claimant's] physical or mental ability to do basic
work activities[.]” 20 C.F.R. §§ 404.1520(c)
and 416.920(c). If the claimant does not have a severe
impairment or combination of impairments, disability benefits
are denied.
If the
impairment is severe, the ALJ proceeds to the third step to
determine whether the impairment is equivalent to one of a
number of listed impairments that the Commissioner
acknowledges are so severe as to preclude substantial gainful
activity. 20 C.F.R. §§ 404.1520(d) and 416.920(d).
If the impairment meets or equals one of the listed
impairments, the claimant is conclusively presumed to be
disabled. If the impairment is not one that is presumed to be
disabling, the ALJ proceeds to the fourth step to determine
whether the impairment prevents the claimant from performing
work which the claimant performed in the past. If the
claimant is able to perform work she performed in the past, a
finding of “not disabled” is made and disability
benefits are denied. 20 C.F.R. §§ 404.1520(f) and
416.920(f).
If the
claimant is unable to perform work performed in the past, the
ALJ proceeds to the fifth and final step to determine if the
claimant can perform other work in the national economy in
light of his age, education, and work experience. The burden
shifts to the Commissioner to show what gainful work
activities are within the claimant's capabilities.
Parra, 481 F.3d at 746. The claimant is entitled to
disability benefits only if he is not able to perform other
work. 20 C.F.R. §§ 404.1520(g) and 416.920(g).
STANDARD
OF REVIEW
The
court must affirm a denial of benefits if the denial is
supported by substantial evidence and is based on correct
legal standards. Molina v. Astrue, 674 F.3d 1104,
1110 (9th Cir. 2012). Substantial evidence is
“such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion” and is more
than a “mere scintilla” of the evidence but less
than a preponderance. Id. (internal quotation
omitted). The court must uphold the ALJ's findings if
they “are supported by inferences reasonably drawn from
the record[, ]” even if the evidence is susceptible to
multiple rational interpretations. Id.
THE
ALJ'S DECISION
The ALJ
identified degenerative disc disease and degenerative joint
disease of the cervical spine, left shoulder impingement,
neuropathy secondary to type II diabetes mellitus, and
anxiety disorder as Yeaple's severe impairments. The ALJ
found that these impairments, either singly or in
combination, did not meet or medically equal the requirements
of any of the impairments listed in 20 C.F.R. Part 404,
Subpart P, Appendix 1. The ALJ concluded Yeaple retained the
residual functional capacity (“RFC”) to perform
medium work. Yeaple can lift and carry 50 pounds occasionally
and 25 pounds frequently, can sit for 6 hours during an
eight-hour workday, and can stand/walk for six hours during
an eight-hour workday. Yeaple, however, can have only
occasional public and face-to-face coworker contact, and he
cannot work around crowds or work in a small room
(office-sized room or smaller) without windows.
Given
this RFC, Yeaple could not perform his past relevant work.
Instead, the ALJ concluded Yeaple could perform jobs in the
national economy such as budder, hand packager, and laundry
worker. As a result, the ALJ found Yeaple not disabled under
the meaning of the Act.
FACTS
Yeaple
was 52 years old on his alleged disability onset date. He has
an eighth grade education. He worked as a recreational
vehicle repairer until he was laid off in June 2008. In
explaining why his employment came to an end, Yeaple
variously explained, “[E]mployers do not like the
problems that I am experiencing and therefore I have been
laid off, ” that “it is hard to find work at my
age with my problems, ” that he had to take breaks
because of his diabetes and the owner “felt that [he]
was dispensable, ” and that he was “laid off from
his last job when the company went out of business.”
Tr. 241, 378, 435. Yeaple also reported he “has not
been able to find work.” Tr. 422.
Yeaple
has been evaluated for mental and neurological issues. In
October 2008, Michelle Whitehead, MHNP, PhD, diagnosed Yeaple
with anxiety disorder, NOS. She noted Yeaple's immediate
recall was in the “borderline” range, and his
overall functioning was low average. Yeaple explained to Dr.
Whitehead that he had worked as an RV technician for 15
years. He worked for the last company for five years.
Yeaple's “manager quit and he had to deal with . .
. the owner. [Yeaple] reports that the owner had ADHD and was
difficult to deal with. [Yeaple] reports that [the owner] was
hypersensitive about [Yeaple's] diabetes. He was laid off
about five months ago. [Yeaple] notes that [the owner]
recently committed suicide.” Tr. 368.
Additionally,
Yeaple explained to Dr. Whitehead that he cannot lift heavy
loads due to a previous back injury, and that “no one
is hiring due to the downturn in the economy. He is receiving
unemployment benefits.” Id. Yeaple spent his
days working around his friend's property or helping with
his church's construction project. He handed out cards
for doing RV repair and generally had one repair a month. He
“mainly works to keep busy.” Tr. 370. He enjoyed
hot rod cars and went to car shows. He enjoyed model
railroading. Dr. Whitehead commented that Yeaple is
“now having difficulty finding a new job in the
industry he has worked in for many years. He reports trying
to do RV repair jobs from individuals he knows or is referred
to.” Tr. 371.
A few
months later, Gary Buchholz, MD, examined Yeaple. He
diagnosed Yeaple with Type II diabetes mellitus, controlled
with naturopathic medications. Yeaple told Dr. Buchholz he
had injured his shoulder in 1984 and had surgery on it in
1998; Yeaple thought he could only lift 30 to 40 pounds, but
he felt his range of motion was fine. On examination, Dr.
Buchholz noted “normal power and facility of
movement” and “[n]o neurologic evidence of
ongoing difficulty in the shoulder.” Tr. 378. Yeaple
explained that in his last job, “his regular boss quit
and the owner took over and felt that Mr. Yeaple was
dispensable” so he was laid off. Tr. 378. Yeaple
commented that he often had to take breaks and drink water or
eat food for his diabetes. Yeaple did not display any memory
difficulties, although Yeaple complained of memory loss. Dr.
Buchholz found no restrictions in standing, walking, or
sitting and that Yeaple had been working “quite
satisfactorily” until he was laid off “and it is
not clear that he has deteriorated since that time.”
Tr. 379. Dr. Buchholz noted that if Yeaple really had a
permanent lifting restriction of 30 pounds, it should be
honored, but he noted Yeaple “seems well muscled and
it's not clear that he would have a specific
restriction.” Id.
Yeaple
was treated in urgent care in 2010 for symptoms he
experienced as a result of water intoxication. Yeaple
reported “loading and unloading a lot of building
materials lately. He says he drinks gallons of water a
day.” Tr. 408.
Yeaple
established care with Dawna-Marie Fixott, M.D., for treatment
of his diabetes, blood pressure and cholesterol in August
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