Coats v. Heckler, 83-3673

• Decision Date: 24 May 1984
• Docket Number: No. 83-3673,83-3673
• Citation: 733 F.2d 1338
• Parties: Bettye H. COATS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1338

733 F.2d 1338

5 Soc.Sec.Rep.Ser. 173

Bettye H. COATS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services,

Defendant-Appellee.

No. 83-3673.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 7, 1984.

Decided May 24, 1984.

Brent H. Nielson, Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, Idaho, for plaintiff-appellant.

Guy Hurlbutt, Asst. U.S. Atty., Boise, Idaho, Richard H. Wetmore, Seattle, Wash., for defendant-appellee.

Appeal from the United States District Court for the District of Idaho.

Before WRIGHT and HUG, Circuit Judges, and ORRICK, ^* District Judge.

ORRICK, District Judge:

Bettye H. Coats appeals from a decision of the Secretary of Health and Human Services ("the Secretary") denying her disability insurance and disabled widow's insurance benefits on the ground that the Administrative Law Judge ("ALJ") acting for the Secretary did not articulate clear and convincing reasons (if indeed any he had) for rejecting her doctor's opinion that she is disabled within the meaning of the Social Security Act and thus is entitled to supplemental security income. This court has jurisdiction under 42 U.S.C. Sec. 405(g) and 28 U.S.C. Sec. 1291. We reverse the district court's judgment that there was substantial evidence supporting the Secretary's decision and remand the case to the Secretary to determine whether there are reasons for rejecting the opinion of appellant's doctor that she is disabled, and if there are, to articulate them in appropriate findings of fact.

I

Coats, a fifty-five year old woman with a tenth grade education, has worked as a food processor, a grocery store clerk, a file clerk, a secretary, and a greenhouse employee. On June 14, 1980, while employed at the greenhouse, Coats experienced lower back pain after reaching across a table containing potted plants. She was treated by Dr. Rodney D. Swartling, who diagnosed the injury as lumbar disk syndrome. Medication was prescribed and her condition improved. The treatment was continued until November 17, 1980, when she was admitted to a hospital for a myelogram. On December 1, 1980, as a result of the myelogram findings, Coats underwent surgery consisting of laminotomy, foraminotomy, and negative exploration. Since the time of the original injury, appellant has not worked.

On January 12, 1981, Coats filed applications for disability insurance benefits and disabled widow's insurance benefits. At the hearing before the ALJ she testified to frequent headaches and pain in her lower back and down her right leg. Both her daughter and a friend corroborated her testimony at the hearing. ¹

In addition, the records of Dr. Swartling were introduced at the hearing. They indicated postoperative improvement by Coats. ² But, the records also evidenced continuing lower back pain, the possibility of only a partially successful recovery from surgery, and a diagnosis that Coats would have to learn to live with pain. Dr. Swartling concluded that Coats was unemployable because of her condition. ³

The ALJ concluded that the claimant's major problems stemmed from her back pain and headaches. He reviewed Coats' ability to function in regard to some personal needs and housework, and noted his view of Coats at the hearing, finding that she appeared to have no difficulty walking, sitting, or carrying out other bodily movements, and did not appear to be in any physical distress or discomfort.

II

The most persuasive evidence of Coats' disability is the opinion of her doctor that she is not employable because of constant pain in her lower back and right leg. Although an expert's report should be given substantial weight, it is not binding on the ALJ so long as he provides clear and convincing reasons for rejecting the opinion. Rhodes v. Schweiker, 660 F.2d 722, 723-724 (9th Cir.1981); Montijo v. Secretary of Health & Human Services, 729 F.2d 599 at 601 (9th Cir.1984). Here, the ALJ offered two reasons for rejecting the doctor's opinion that Coats is disabled and unemployable. First, he rejected the opinion because it was allegedly based on Coats' subjective complaints, not on objective findings, and second, because Coats' appearance and physical manifestations at the hearing belied her complaints of constant back and leg pain.

Neither reason is sufficiently clear nor convincing as a basis for rejecting the doctor's opinion. In particular, there is ample evidence that Coats' complaints of back and leg pain are supported by clinical findings. ⁴ The doctor noted that Coats experienced postoperative changes in her physical condition and that she continued to have lower back pain. ⁵ Before opining that she was unable to work, he also stated that she would have to learn to live with pain. Altogether, the medical evidence of disability supports the doctor's opinion which, standing alone, may establish total incapacity. See id. at 723.

In both Rhodes and this case, the doctor examined the claimant on several occasions, uncontradicted clinical findings supported the doctor's opinion, and the ALJ dismissed the claimant's assertions of pain after observing the claimant at a...