Ney v. Colvin, Case No. 15-cv-00343-JCS
| Decision Date | 08 December 2015 |
| Docket Number | Case No. 15-cv-00343-JCS |
| Court | U.S. District Court — Northern District of California |
| Parties | DAVID ALLEN NEY, Plaintiff, v. CAROLYN W. COLVIN, Defendant. |
Plaintiff David Ney appeals an adverse decision from Defendant Carolyn Colvin, Acting Commissioner of Social Security ("Commissioner") denying his applications for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416(i), 423(d), and for Social Security Income under Title XVI, 42 U.S.C. §§ 1381, 1383(f). The issue on appeal is whether the administrative law judge's ("ALJ's") determination in step four of the Commissioner's five-step analysis was error. For the reasons discussed below, the Court finds that the ALJ's step four determination was not based on substantial evidence. The administrative decision is therefore REVERSED and REMANDED for further proceedings consistent with this Order.
Ney was born on February 19, 1963. Administrative Record ("AR") at 113. He was forty-nine years old as of November 1, 2012, the alleged onset date of disability. Id. at 78. Since April 15, 2013, Ney had been living in a veterans' shelter in Santa Rosa. Id. at 239, 265. The timeline leading up to his homelessness is punctuated by various and severe personal adversities, including divorce, his father's and fiancee's deaths, and his brother's incarceration. Id. at 272. These events, Ney reports, exacerbated preexisting difficulties including drug addiction, chronic depression, and anxiety brought on by a history of childhood abuse. Id. at 272, 367.
The record reveals that Ney held several jobs throughout intermittent periods between 2000 and 2012. Id. at 259. From October 2000 to March 2003, he worked as a "wet process operator"1—a machine operator—at a manufacturing company. Id. From November 2003 to January 2004, he worked as a forklift driver. Id. Ney then later worked as an interoffice mail clerk from February 2004 to February 2005; as a forklift driver again from July 2004 to November 2007; and then finally as a staffing employee from March 2011 to April 2012. Id. The record is silent as to Ney's employment from November 2007 to March 2011. Id. Ney engaged in only sporadic, part-time work after April 2012. Id. at 40.
On May 23, 2013, Ney filed for disability insurance benefits under Title II and Supplemental Security Income under Title XVI of the Social Security Act. Id. at 78, 95. His application reported several debilitating physical impairments including numbness in his right hand, high blood pressure, and head, neck, and back injuries. Id. at 78-79. He also complained of mental impairments consisting of post-traumatic stress disorder ("PTSD"), depression, and attention deficit hyperactivity disorder ("ADHD"). Id.
The Commissioner issued two written decisions on November 12, 20132 finding that Ney did not present a disability pursuant to the Social Security Act. Id. at 159-61. The decisions stated that relevant medical records contradicted Ney's complaints of disabling physical impairments. Id. at 160. With respect to Ney's complaints of numbness in his right hand, the medical evidence indicated that Ney's "handgrip [was] adequate," and did not impede him from "us[ing his] hand for basic handling of objects." Id. Although Ney presented a history of hypertension, "there [were] no indications of major damage to [Ney's] kidneys, eyes, heart or nervous system as a result of [his] blood pressure condition." Id. Finally, despite Ney'scomplaints of head, neck, and back injuries, the decision explained "medical evidence show[ed] that [he was] able to walk and move about in a satisfactory manner." Id. There was also "no indication of loss of control or muscle wasting in [Ney's] arms and legs due to nerve damage." Id.
Additionally, the decision stated that relevant medical evidence contradicted Ney's allegations of severe emotional and mental limitations. Id. Despite his complaints of PTSD, depression, and ADHD, there were "no indications . . . [of] major limitations upon [his] ability to think, communicate, and follow basic instructions or to function adequately in [his] usual daily activities." Id.
The Commissioner concluded that overall, the medical evidence did not preclude Ney from performing activities requiring him to occasionally lift objects weighing up to fifty pounds, or to stand, walk, or sit for up to six hours in a normal eight-hour workday. Id. Given certain of Ney's documented limitations, however, the Commissioner cautioned that Ney could not perform work that frequently required him to crawl, and could not climb ladders, ropes, or scaffolds. Id. He was also unable to perform work that required special skills or training, or frequent contact with others. Id. Despite these limitations, however, the Commissioner concluded that Ney could return to work in his previous job as a machine operator, in accordance with how that job was generally performed in the national economy. Id. Consequently, the Commissioner denied Ney's Title II and Title XVI applications, finding that he was not disabled. Id.
On November 20, 2013, Ney filed applications for reconsideration of the Commissioner's decision. Id. at 173. They referenced his ongoing problems with homelessness, anxiety, and depression, but did not indicate any change in medical circumstances. Id. at 176-77. In two written decisions dated February 19, 2014, the Commissioner reaffirmed the previous findings relating to Ney's physical and cognitive disabilities:
Based upon the medical findings, it is determined that you are able to understand and perform simple tasks. You have the ability to maintain the pace, persistence, and concentration needed to perform unskilled work over a forty hour week. You are precluded from work requiring public contact. You are able to relate to coworkers and supervisors. You are able to adapt to routine changes in the work place.
See id. at 185-91; see also id. at 178-84 (). Based on this, the Commissioner concluded that Ney's residual functional capacity ("RFC") did not preclude him from performing other types of work in the national economy:
Given these limitations, it is determined that you would be unable to return to the skills of your past occupation. However, based on your age, education and your past work experience, it is determined that you should be able to perform other work that falls within the range of the above limitations. As your condition should not preclude the engagement of all types of work activity, disability is not established.
Ney requested an administrative hearing to review the Commissioner's initial and reconsideration decisions. Id. at 192-93. Administrative Law Judge Maxine Benmour presided over the hearing held on June 18, 2014. Id. at 33. Ney was present with counsel, along with Marianne Lahley, a witness. Id at 6, 29. Gerald Belchick, Ph.D., a vocational expert ("VE"), appeared telephonically. Id. at 38.
The ALJ briefly questioned Ney about his work history. Id. at 39-40. Ney recited the chronology of positions worked between 2000 and 2012, although the judge did not explore in any detail the responsibilities, functions, or physical or mental exertions that those jobs required. Id. Following this brief exchange, Ney testified about his alleged disabilities. Id. at 40-45. He claimed that there were medically determinable impairments that precluded him from performing any work beyond the sedentary level. Id. at 37-38. He claimed that documentation from his psychological evaluations supported a finding of disability as they indicated, among other things, "moderate to severe problems with concentration, and severe problems with delayed memory." Id. at 38.
Ney also testified about the extent of his medical symptoms. Id. at 40-42. He explained that he first injured his lower back in 2008, and that the pain from that incident had progressively worsened since that time. Id. at 40. It had grown so severe that it eventually prevented him from working altogether in April 2012. Id. at 40-41. Aside from interfering with his work, the painalso impeded his routine personal tasks on a daily basis. Id. at 42-43. Ney testified that although the symptoms were more intense on some days than on others, it was generally most noticeable upon waking in the morning. Id. at 41. Physical activity, such as lifting objects for any manner of time, would exacerbate those symptoms. Id.
Ney explained that eventually, the pain grew so severe that it extended downward to the backs of his legs. Id. at 41-42. Lying down, stretching, and applying ice and heat packs helped to abate those symptoms, but he explained that they would persist nonetheless. Id. at 42. Ney sought professional medical treatment in the form of physical therapy with a nurse practitioner, and testified that most recently a separate doctor treated his lower back problems. Id. at 42-43. When the ALJ questioned Ney about the medications he used to deal with his pain, he conceded that he had not sought any prescription medication, but instead used only Tylenol. Id. at 43-44.
Ney testified about his psychological health issues. Id. at 45. He had been receiving counseling for psychological symptoms related to anxiety and depression. Id. at 45-46. Ney believed that those issues stemmed from recent adversities in his personal life, including his fiancee's death and his brother's incarceration. Id. at 51, 56-58. He referenced PTSD-related symptoms from his military service, but clarified that his service did not include a combat role. Id. at 47. Ney believed that his PTSD arose from an abusive sergeant during that time and...
To continue reading
Request your trial