Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lynn S. v. Commissioner of Social Security

United States District Court, D. Oregon

January 16, 2019

ROBIN LYNN S., Plaintiff,
v.
Commissioner of Social Security, Defendant.

          FINDINGS & RECOMMENDATION

          THOMAS M. COFFIN UNITED STATES MAGISTRATE JUDGE.

         Plaintiff brings this proceeding to obtain judicial review of the Commissioner's final decision denying plaintiff's application for Disability Insurance Benefits and Supplemental Security Income.

         FACTUAL BACKGROUND

         The ALJ determined at Step Two that plaintiff had the following severe impairments: mental health conditions, described as depression, anxiety, bipolar disorder, post-traumatic stress disorder and history of polysubstance dependence, described as in remission. The ALJ found that plaintiff could not perform her past relevant work. The ALJ found at Step 5 that there are jobs that exist in significant numbers in the national economy that plaintiff can perform.

         As discussed in further detail below, plaintiff makes several arguments in support of reversal.

         DISCUSSION

         1. Medical Sources

         Plaintiff's counselor, Ms. Kristen Rogers, authored a mental health opinion that was signed by her supervisor Pamela S. Jacobs, PhD. The ALJ discounted this opinion.

         The parties agree that the ALJ could reject this opinion from these treatment providers for specific and legitimate reasons. Defendant persuasively demonstrates that the ALJ appropriately handled this opinion. P.p. 12-14 of Defendant's Brief (#20).

         The ALJ discounted the opinion for the valid and specific and legitimate reason of a limited treatment history. The opinion was provided after only six months of treatment. Although plaintiff argues that the Commissioner failed to put forth any reasoning that Ms. Rogers and Dr. Jacobs were unfamiliar with the longitudal record or unable to author an opinion following months of frequent, regular treatment, with interaction 3 to 4 times a month, there is nothing in the opinion indicating that the longitudal record was considered for the opinion and plaintiff does not indicate otherwise.

         The ALJ also provided the specific and legitimate reasons of inconsistency with plaintiff's activities, other medical evidence of intact cognitive functioning, and that the opinion appears to be based on plaintiff's subjective reports. Again, defendant persuasively demonstrates that the ALJ appropriately handled this opinion and plaintiff s arguments are not persuasive in the circumstances of this action . P.p. 13-14 of Defendant's Brief (#20) . For example, plaintiff states that there is nothing to suggest that the opinion was based on plaintiff's subjective complaints. A review of the opinion, however, indicates that there is little that suggests the opinion was not based on subjective reports and no further explanation on this issue was required by the ALJ in the circumstances of this particular action.

         2. Lay Witness/Other Source Testimony

         The parties agree that in this particular action germane reasons must be given by the ALJ to discount the testimony discussed in this section.

         A. Vocational Rehabilitation ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.