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Gilbert v. Colvin

United States District Court, C.D. California

April 21, 2014

BRIAN L. GILBERT, Plaintiff,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

MEMORANDUM OPINION AND ORDER OF REMAND

CHARLES F. EICK, Magistrate Judge.

Pursuant to sentence four of 42 U.S.C. section 405(g), IT IS HEREBY ORDERED that Plaintiff's and Defendant's motions for summary judgment are denied, and this matter is remanded for further administrative action consistent with this Opinion.

PROCEEDINGS

Plaintiff filed a complaint on August 8, 2013, seeking review of the Commissioner's denial of benefits. The parties consented to proceed before a United States Magistrate Judge on September 12, 2013. Plaintiff filed a motion for summary judgment on January 23, 2014. Defendant filed a motion for summary judgment on April 17, 2014. The Court has taken the motions under submission without oral argument. See L.R. 7-15; "Order, " filed August 13, 2013.

BACKGROUND

Plaintiff asserts he was disabled from February 8, 2008 through August 5, 2011, because of, inter alia, alleged psychiatric problems (Administrative Record ("A.R.") 33-36, 208). Plaintiff reportedly abused methamphetamine during at least part of the relevant time period (AR. 35-36 (Plaintiff's testimony that he used methamphetamine every other day from the beginning of the relevant time period until February 20, 2010); see also (A.R. 327, 329 (reports of Plaintiff's previous use of methamphetamine)).

Dr. Imelda Alfonso, a psychiatrist with the San Bernardino County Phoenix Clinic, treated Plaintiff from April of 2008 through at least July of 2010. See A.R. 253, 342, 344, 347 [Exhibit 9F], 372-73, 380-96 [Exhibit 11F] (medical records); see also A.R. 377-79 (medication log); A.R. 321-25 [Exhibit 6F], 337-41, 343, 345-46, 348-50, 363-64 [Exhibit 9F], 442-44, 446-59 [Exhibit 14F] (duplicate records). Dr. Alfonso completed a "Mental Impairment Questionnaire" dated May 12, 2010 (A.R. 366-69 [Exhibit 10F]). Dr. Alfonso's reported diagnosis for Plaintiff was "Bipolar I disorder, severe most recent episode, depressed with psychotic features" (A.R. 366). Dr. Alfonso also indicated that Plaintiff had "substance dependence" (id.). Dr. Alfonso assigned Plaintiff a Global Assessment of Functioning ("GAF") score of 45 (id.).[1] Dr. Alfonso indicated that she would expect Plaintiff to be absent from work more than three times per month and that Plaintiff would have: (1) "marked" restriction of activities of daily living; (2) "marked" difficulties in maintaining social functioning; (3) "constant" deficiencies in concentration, persistence or pace; and (4) "continual" episodes of decompensation in work or work-like settings (A.R. 368-69). Plaintiff's stated prognosis was "guarded" (A.R. 368).

In a decision dated November 18, 2011, the Administrative Law Judge ("ALJ") found that Plaintiff was not entitled to benefits for any part of the alleged period of disability (A.R. 13-22). The ALJ's decision fails to mention Dr. Alfonso's Mental Impairment Questionnaire (id.). The Appeals Council denied review (A.R. 1-5).

STANDARD OF REVIEW

Under 42 U.S.C. section 405(g), this Court reviews the Administration's decision to determine if: (1) the Administration's findings are supported by substantial evidence; and (2) the Administration used correct legal standards. See Carmickle v. Commissioner , 533 F.3d 1155, 1159 (9th Cir. 2008); Hoopai v. Astrue , 499 F.3d 1071, 1074 (9th Cir. 2007). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales , 402 U.S. 389, 401 (1971) (citation and quotations omitted); see also Widmark v. Barnhart , 454 F.3d 1063, 1067 (9th Cir. 2006).

DISCUSSION

Plaintiff contends that the Administration materially erred by failing to mention the opinions contained in Dr. Alfonso's Mental Impairment Questionnaire. For the reasons discussed below, the Court agrees.

A treating physician's conclusions "must be given substantial weight." Embrey v. Bowen , 849 F.2d 418, 422 (9th Cir. 1988); see Rodriguez v. Bowen , 876 F.2d 759, 762 (9th Cir. 1989) ("the ALJ must give sufficient weight to the subjective aspects of a doctor's opinion.... This is especially true when the opinion is that of a treating physician") (citation omitted); see also Orn v. Astrue , 495 F.3d 625, 631-33 (9th Cir. 2007) (discussing deference owed to treating physician opinions). Even where the treating physician's opinions are contradicted, [2] "if the ALJ wishes to disregard the opinion[s] of the treating physician he... must make findings setting forth specific, legitimate reasons for doing so that are based on substantial evidence in the record." Winans v. Bowen , 853 F.2d 643, 647 (9th Cir. 1987) (citation, quotations and brackets omitted); see Rodriguez v. Bowen , 876 F.2d at 762 ("The ALJ may disregard the treating physician's opinion, but only by setting forth specific, legitimate reasons for doing so, and this decision must itself be based on substantial evidence") (citation and quotations omitted).

In the present case, the ALJ erred by failing to mention Dr. Alfonso's opinions. See Lingenfelter v. Astrue , 504 F.3d 1028, 1038 n.10 (9th Cir. 2007) ("Of course, an ALJ cannot avoid these requirements [to state specific, legitimate reasons] by not mentioning the treating physician's opinion and making findings contrary to it."); Salvador v. Sullivan , 917 F.2d 13, 15 (9th Cir. 1990) (implicit rejection of treating ...


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