United States District Court, D. Oregon
TAMMY L. O., Plaintiff,
COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.
R. J. Porter, JP Law PC, 5200 SW Meadows Road, Suite 150,
Lake Oswego, OR 97035. Of Attorney for Plaintiff.
J. Williams, United States Attorney, and Renata Gowie,
Assistant United States Attorney, Attorneys for Defendant.
OPINION AND ORDER
Michael H. Simon, District Judge.
Tammy L. O. seeks judicial review of the final decision of
the Commissioner of the Social Security Administration
(“Commissioner”) denying her application for
disability insurance benefits (“DIB”) under Title
II of the Social Security Act. For the reasons discussed, the
decision of the Commissioner is reversed and remanded for
district court must affirm the Commissioner's decision if
it is based on the proper legal standards and the findings
are supported by substantial evidence. 42 U.S.C. §
405(g); see also Hammock v. Bowen, 879 F.2d 498, 501
(9th Cir. 1989). “Substantial evidence” means
“more than a mere scintilla but less than a
preponderance.” Bray v. Comm'r of Soc. Sec.
Admin., 554 F.3d 1219, 1222 (9th Cir. 2009) (quoting
Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.
1995)). It means “such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.” Id. (quoting Andrews, 53
F.3d at 1039).
the evidence is susceptible to more than one rational
interpretation, the Commissioner's conclusion must be
upheld. Burch v. Barnhart, 400 F.3d 676, 679 (9th
Cir. 2005). Variable interpretations of the evidence are
insignificant if the Commissioner's interpretation is a
rational reading of the record, and this Court may not
substitute its judgment for that of the Commissioner. See
Batson v. Comm'r of Soc. Sec. Admin., 359 F.3d 1190,
1193, 1196 (9th Cir. 2004). “[A] reviewing court must
consider the entire record as a whole and may not affirm
simply by isolating a specific quantum of supporting
evidence.” Orn v. Astrue, 495 F.3d 625, 630
(9th Cir. 2007) (quoting Robbins v. Soc. Sec.
Admin., 466 F.3d 880, 882 (9th Cir. 2006) (quotation
marks omitted)). A reviewing court, however, may not affirm
the Commissioner on a ground upon which the Commissioner did
not rely. Id.; see also Bray, 554 F.3d at
who is 46 years old, filed for Title II disability insurance
benefits (“DIB”) on July 1, 2013, alleging a
disability onset date of August 31, 2010. AR 18.
Plaintiff's claim was denied initially and again upon
reconsideration, and Plaintiff requested a hearing. A hearing
was held before Administrative Law Judge (“ALJ”)
Linda Thomasson on September 3, 2015. The ALJ concluded that
Plaintiff is not disabled. AR 32. The Appeals Council denied
review on March 24, 2017, AR 18, and Plaintiff filed her
claim in this Court on May 17, 2017. ECF 1.
The Sequential Analysis
claimant is disabled if he or she is unable to “engage
in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which .
. . has lasted or can be expected to last for a continuous
period of not less than 12 months[.]” 42 U.S.C. §
423(d)(1)(A). “Social Security Regulations set out a
five-step sequential process for determining whether an
applicant is disabled within the meaning of the Social
Security Act.” Keyser v. Comm'r Soc. Sec.
Admin., 648 F.3d 721, 724 (9th Cir. 2011); see
also 20 C.F.R. §§ 404.1520 (DIB), 416.920
(SSI); Bowen v. Yuckert, 482 U.S. 137, 140 (1987).
Each step is potentially dispositive. 20 C.F.R. §§
404.1520(a)(4), 416.920(a)(4). The five-step sequential
process asks the following series of questions:
1. Is the claimant performing “substantial gainful
activity?” 20 C.F.R. §§ 404.1520(a)(4)(i),
416.920(a)(4)(i). This activity is work involving significant
mental or physical duties done or intended to be done for pay
or profit. 20 C.F.R. §§ 404.1510, 416.910. If the
claimant is performing such work, she is not disabled within
the meaning of the Act. 20 C.F.R. §§
404.1520(a)(4)(i), 416.920(a)(4)(i). If the claimant is not
performing substantial gainful activity, the analysis
proceeds to step two.
2. Is the claimant's impairment “severe”
under the Commissioner's regulations? 20 C.F.R.
§§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). An
impairment or combination of impairments is
“severe” if it significantly limits the
claimant's physical or mental ability to do basic work
activities. 20 C.F.R. §§ 404.1521(a), 416.921(a).
Unless expected to result in death, this impairment must have
lasted or be expected to last for a continuous period of at
least 12 months. 20 C.F.R. §§ 404.1509, 416.909. If
the claimant does not have a severe impairment, the analysis
ends. 20 C.F.R. §§ 404.1520(a)(4)(ii),
416.920(a)(4)(ii). If the claimant has a severe impairment,
the analysis proceeds to step three.
3. Does the claimant's severe impairment “meet or
equal” one or more of the impairments listed in 20
C.F.R. Part 404, Subpart P, Appendix 1? If so, then the
claimant is disabled. 20 C.F.R. §§
404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the impairment
does not meet or equal one or more of the listed impairments,
the analysis continues. At that point, the ALJ must evaluate
medical and other relevant evidence to assess and determine
the claimant's “residual functional capacity”
(“RFC”). This is an assessment of work-related
activities that the claimant may still perform on a regular
and continuing basis, despite any limitations imposed by his
or her impairments. 20 C.F.R. §§ 404.1520(e),
404.1545(b)-(c), 416.920(e), 416.945(b)-(c). After the ALJ
determines the claimant's RFC, the analysis proceeds to
4. Can the claimant perform his or her “past relevant
work” with this RFC assessment? If so, then the
claimant is not disabled. 20 C.F.R.§§
404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the claimant cannot
perform his or her past relevant work, the analysis proceeds
to step five.
5. Considering the claimant's RFC and age, education, and
work experience, is the claimant able to make an adjustment
to other work that exists in significant numbers in the
national economy? If so, then the claimant is not disabled.
20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v),
404.1560(c), 416.960(c). If the claimant cannot perform such
work, he or she is disabled. Id.
See also Bustamante v. Massanari, 262 F.3d 949, 954
(9th Cir. 2001).
claimant bears the burden of proof at steps one through four.
Id. at 953; see also Tackett v.
Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999);
Yuckert, 482 U.S. at 140-41. The Commissioner bears
the burden of proof at step five. Tackett, 180 F.3d
at 1100. At step five, the Commissioner must show that the
claimant can perform other work that exists in significant
numbers in the national economy, “taking into
consideration the claimant's residual functional
capacity, age, education, and work experience.”
Id.; see also 20 C.F.R. §§
404.1566, 416.966 (describing “work which exists in the
national economy”). If the Commissioner fails to meet
this burden, the claimant is disabled. 20 C.F.R. §§
404.1520(a)(4)(v), 416.920(a)(4)(v). If, however, the
Commissioner proves that the claimant is able to perform
other work existing in significant numbers in the national
economy, the claimant is not disabled. Bustamante,
262 F.3d at 953-54; Tackett, 180 F.3d at 1099.
The ALJ's Decision
One, the ALJ concluded that Plaintiff has not engaged in
substantial gainful activity since August 31, 2010. At Step
Two, the ALJ concluded that Plaintiff has two severe
impairments: affective disorder and anxiety disorder. At Step
Three, the ALJ concluded that Plaintiff's impairments,
either alone or in combination, did not equal one of the
impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix
1. The ALJ then concluded:
[T]he claimant has the residual functional capacity to
perform a full range of work at all exertional levels but
with the following nonexertional limitations: limited to
simple, routine tasks and simple work-related decisions. The
claimant can have frequent interaction with supervisors,
coworkers, and the public.
Four, the ALJ concluded that Plaintiff is capable of
performing her past relevant work as a mail clerk. AR 30. The
ALJ also made an alternative finding for Step Five that there
are other jobs existing in the national economy that
Plaintiff is also able to perform. AR 31. As such, the ALJ
concluded that Plaintiff has not been under a disability, as
defined by the Social Security Act, from August 31, 2010
through the date of the ALJ's decision. AR 32.
argues first that she meets listing 12.04. Second, Plaintiff
argues that the ALJ erred in disregarding Plaintiff's
subjective complaints about the severity of her symptoms.
Third, Plaintiff argues that the ALJ did not properly
consider several Global Assessment of Functioning
(“GAF”) scores in the record. Fourth, Plaintiff
argues that the ALJ erred in giving little weight to two
medical source opinions and to the opinion of ...