Lorenzano v. Colvin
| Decision Date | 18 March 2015 |
| Docket Number | No. 2:13-cv-03134-FVS,2:13-cv-03134-FVS |
| Court | U.S. District Court — District of Washington |
| Parties | LISA LORENZANO Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
BEFORE THE COURT are cross-Motions for Summary Judgment. (Ct. Rec. 14, 17.) Attorney D. James Tree represents plaintiff; Special Assistant United States Attorney Franco L. Becia represents defendant. After reviewing the administrative record and briefs filed by the parties, the court GRANTS defendant's Motion for Summary Judgment and DENIES plaintiff's Motion for Summary Judgment.
Plaintiff Lisa Lorenzano (plaintiff) protectively filed for supplemental security income (SSI) and disability income benefits (DIB) on October 20, 2010. (Tr. 152, 160, 175.) Plaintiff alleged an onset date of June 6, 2010. (Tr. 152, 160, 175.) Benefits were denied initially and on reconsideration. (Tr. 97,104.) Plaintiff requested a hearing before an administrative law judge (ALJ), which was held before ALJ Stephanie Martz on August 1, 2012. (Tr. 31-62.) Plaintiff was represented by counsel and testified at the hearing. (Tr. 34-53.) Vocational expert Roni Lenore also testified. (Tr. 53-61.) The ALJ denied benefits (Tr. 11-24) and the Appeals Council denied review. (Tr. 1.) The matter is now before this court pursuant to 42 U.S.C. § 405(g).
The facts of the case are set forth in the administrative hearing transcripts, the ALJ's decision, and the briefs of plaintiff and the Commissioner, and will therefore only be summarized here.
Plaintiff was 39 years old at the time of the hearing. (Tr. 47.) The highest grade she reached in school was ninth grade. (Tr. 35.) She has work experience as a bank teller, grocerycashier, case manager, daycare provider, bingo runner, and restaurant server. (Tr. 37-38.) She testified that many things prevent her from working. (Tr. 39.) She has a heart condition which causes her to get hot flashes and pass out depending on how hard she works. (Tr. 39.) She takes medication for depression. (Tr. 40.) She would rather be at home because she cannot socialize with people. (Tr. 40.) She gets confused when she talks to people. (Tr. 40.) She has trouble remembering what she says. (Tr. 41.) She has arthritis in her neck and lower back, hepatitis C, is deaf in her left ear, and is blind without her glasses. (Tr. 41.) Hepatitis C causes her to be very moody, emotional, and self-isolating. (Tr. 42.) She has sleep difficulties. (Tr. 42.) She vomits due to pain in her back and neck. (Tr. 42.) She takes pain medication but it does not help. (Tr. 42.) She has pain in her hands and feet due to tendonitis and arthritis. (Tr. 43.) She gets dizzy and faints a lot when she walks too much. (Tr. 43.) She is in pain every day. (Tr. 48.) She has migraine headaches almost every day. (Tr. 50-51.)
Congress has provided a limited scope of judicial review of a Commissioner's decision. 42 U.S.C. § 405(g). A Court must uphold the Commissioner's decision, made through an ALJ, when the determination is not based on legal error and is supported by substantial evidence. See Jones v. Heckler, 760 F. 2d 993, 995 (9th Cir. 1985); Tackett v. Apfel, 180 F. 3d 1094, 1097 (9th Cir. 1999). "The [Commissioner's] determination that a claimant is not disabled will be upheld if the findings of fact are supported by substantial evidence." Delgado v. Heckler, 722 F.2d 570, 572 (9th Cir. 1983) (citing 42 U.S.C. § 405(g)). Substantial evidence is more than a mere scintilla, Sorenson v. Weinberger, 514 F.2d 1112, 1119 n. 10 (9th Cir. 1975), but less than a preponderance. McAllister v. Sullivan, 888 F.2d 599, 601-602 (9th Cir. 1989); Desrosiers v. Secretary of Health and Human Services, 846 F.2d 573, 576 (9th Cir. 1988). Substantial evidence "means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971) (citations omitted). "[S]uch inferences and conclusions as the [Commissioner] may reasonably draw from the evidence" will also be upheld. Mark v. Celebrezze, 348 F.2d 289, 293 (9th Cir. 1965). On review, the Court considers the record as a whole, not just the evidence supporting the decision of the Commissioner. Weetman v. Sullivan, 877 F.2d 20, 22 (9th Cir. 1989) (quoting Kornock v. Harris, 648 F.2d 525, 526 (9th Cir. 1980)).
It is the role of the trier of fact, not this Court, to resolve conflicts in evidence. Richardson, 402 U.S. at 400. If evidence supports more than one rational interpretation, the Court may not substitute its judgment for that of the Commissioner. Tackett, 180 F.3d at 1097; Allen v. Heckler, 749 F.2d 577, 579 (9th Cir. 1984). Nevertheless, a decision supported by substantial evidence will still be set aside if the proper legal standards were not applied in weighing the evidence and making the decision. Brawner v. Sec'y of Health and Human Serv., 839 F.2d 432, 433 (9th Cir. 1988). Thus, if there is substantial evidence to support the administrative findings, or if there is conflicting evidence that will support a finding of either disability or nondisability, the finding of the Commissioner is conclusive. Sprague v. Bowen, 812 F.2d 1226, 1229-30 (9th Cir. 1987).
The Social Security Act (the "Act") defines "disability" as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or 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), 1382c (a)(3)(A). The Act also provides that a plaintiff shall be determined to be under a disability only if his impairments are of such severity that plaintiff is not only unable to do his previous work but cannot, considering plaintiff's age, education and work experiences, engage in any other substantial gainful work which exists in the national economy. 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). Thus, the definition of disability consists of both medical and vocational components. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir. 2001).
The Commissioner has established a five-step sequential evaluation process for determining whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. Step one determines if he or she is engaged in substantial gainful activities. If the claimant is engaged in substantial gainful activities, benefits are denied. 20 C.F.R. §§ 404.1520(a)(4)(I), 416.920(a)(4)(I).
If the claimant is not engaged in substantial gainful activities, the decision maker proceeds to step two and determines whether the claimant has a medically severe impairment or combination of impairments. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If the claimant does not have a severe impairment or combination of impairments, the disability claim is denied.
If the impairment is severe, the evaluation proceeds to the third step, which compares the claimant's impairment with a number of listed impairments acknowledged by the Commissioner to be so severe as to preclude substantial gainful activity. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii); 20 C.F.R. § 404 Subpt. P App. 1. 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 conclusively presumed to be disabling, the evaluation proceeds to the fourth step, which determines whether the impairment prevents the claimant from performing work he or she has performed in the past. If plaintiff is able to perform his or her previous work, the claimant is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). At this step, the claimant's residual functional capacity ("RFC") assessment is considered.
If the claimant cannot perform this work, the fifth and final step in the process determines whether the claimant is able to perform other work in the national economy in view of his or her residual functional capacity and age, education and past work experience. 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v); Bowen v. Yuckert, 482 U.S. 137 (1987).
The initial burden of proof rests upon the claimant to establish a prima facie case of entitlement to disability benefits. Rhinehart v. Finch, 438 F.2d 920, 921 (9th Cir. 1971); Meanel v. Apfel, 172 F.3d 1111, 1113 (9th Cir. 1999). The initial burden is met once the claimant establishes that a physical or mental impairment prevents him from engaging in his or her previous occupation. The burden then shifts, at step five, to the Commissioner to show that (1) the claimant can perform other substantial gainful activity and (2) a "significant number of jobs exist in the national economy" which the claimant can perform. Kail v. Heckler, 722 F.2d 1496, 1497 (9th Cir. 1984). If the Commissioner does not meet that burden, the claimant is found to be disabled. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005).
At step one of the sequential evaluation process, the ALJ found plaintiff has not engaged in substantial gainful activity since June 6, 2010, the alleged onset date. (Tr. 13.) At step two, the ALJ found plaintiff has the following severe impairments: history of endocardiditis/valvular heart disease; history of hepatitis C; depression; anxiety; posttraumatic stress disorder (PTSD); obsessive-compulsive disorder; alcohol dependence in remission; cocaine dependence in remission; heroin dependence in remission; and mild cervical degenerative disc disease. (Tr. 13.) At step three, the ALJ found plaintiff does not have an impairment or combination ofimpairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpt. P, App. 1. (Tr. 15.) The ALJ then determined:
[C]laimant has the physical residual functional capacity to...
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