Opinion

Michael V. Mcroyal v. Andrew Saul

Court
District Court, C.D. California
Filed
Jun 24, 2021
Cited by
0 cases
Authority
More cited than 18.0%

“The purpose for which medical records 28 are obtained does not provide a legitimate basis for rejecting 19 them.”

How later courts described this case

  • “The purpose for which medical records 28 are obtained does not provide a legitimate basis for rejecting 19 them.”
  • factors in assessing physician’s 5 opinion include length of treatment relationship, frequency of 6 examination, and nature and extent of treatment relationship
  • finding that ALJ properly discredited claimant’s pain 12 testimony because she could care for personal needs, cook, clean, 13 shop, interact with family, and manage finances
  • rejecting 12 treating physician’s opinion that was “conclusory, brief, and 13 unsupported by the record as a whole”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10

MICHAEL V.M.,1 ) Case No. CV 20-2876-JPR

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)

Plaintiff, )

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) MEMORANDUM DECISION AND ORDER

v. ) AFFIRMING COMMISSIONER

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)

ANDREW SAUL, Commissioner )

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of Social Security, )

)

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Defendant. )

)

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17 I. PROCEEDINGS

18 Plaintiff seeks review of the Commissioner’s final decision

19 terminating his Social Security disability insurance benefits.

20 The matter is before the Court on the parties’ Joint Stipulation,

21 filed December 23, 2020, which the Court has taken under

22 submission without oral argument. For the reasons discussed

23 below, the Commissioner’s decision is affirmed.

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1 Plaintiff’s name is partially redacted in line with

27 Federal Rule of Civil Procedure 5.2(c)(2)(B) and the

recommendation of the Committee on Court Administration and Case

28 Management of the Judicial Conference of the United States.

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1 II. BACKGROUND

2 Plaintiff was born in 1962. (Administrative Record (“AR”)

3 231.) He obtained his GED (AR 203) but has not been employed

4 since 2000 (AR 204). He is a veteran of the U.S. Army. (AR

5 585.)

6 In an October 12, 2005 determination, Plaintiff was found

7 disabled beginning December 1, 2001. (AR 233.) On August 14,

8 2014, the Commissioner found that he was no longer disabled as of

9 August 2014. (AR 284-87.) A disability hearing officer upheld

10 that decision. (AR 294-305.) Plaintiff requested a hearing

11 before an Administrative Law Judge, and after one during which

12 Plaintiff, who was not represented by counsel, testified (AR 160-

13 94), the ALJ issued an unfavorable decision (AR 236-50).

14 Plaintiff sought Appeals Council review. (AR 348.) It

15 remanded the case for a new hearing because the ALJ failed to

16 properly evaluate Plaintiff’s mental impairments, among other

17 reasons. (AR 255-60.) A different ALJ conducted the new hearing

18 (AR 195-230), at which Plaintiff, now represented by counsel, and

19 a vocational expert testified (AR 202-27). In his November 6,

20 2018 decision, the ALJ found that on June 30, 2015, Plaintiff’s

21 disability ended. (AR 261-83.) Plaintiff sought Appeals Council

22 review (AR 409-16), which was granted (AR 417-20). On April 24,

23 2020, the Appeals Council adopted all the ALJ’s findings except

24 for the date on which Plaintiff’s disability ended. (AR 4-7.)

25 It found that his disability ended on August 1, 2014, not June

26 30, 2015. (AR 5.) This action followed.

27 III. STANDARD OF REVIEW

28 Under 42 U.S.C. § 405(g), a district court may review the

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1 Commissioner’s decision to deny benefits. The ALJ’s findings and

2 decision should be upheld if they are free of legal error and

3 supported by substantial evidence based on the record as a whole.

4 See Richardson v. Perales, 402 U.S. 389, 401 (1971); Parra v.

5 Astrue, 481 F.3d 742, 746 (9th Cir. 2007). Substantial evidence

6 means such evidence as a reasonable person might accept as

7 adequate to support a conclusion. Richardson, 402 U.S. at 401;

8 Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir. 2007). It

9 is “more than a mere scintilla, but less than a preponderance.”

10 Lingenfelter, 504 F.3d at 1035 (citing Robbins v. Soc. Sec.

11 Admin., 466 F.3d 880, 882 (9th Cir. 2006)). “[W]hatever the

12 meaning of ‘substantial’ in other contexts, the threshold for

13 such evidentiary sufficiency is not high.” Biestek v. Berryhill,

14 139 S. Ct. 1148, 1154 (2019). To determine whether substantial

15 evidence supports a finding, the reviewing court “must review the

16 administrative record as a whole, weighing both the evidence that

17 supports and the evidence that detracts from the Commissioner’s

18 conclusion.” Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.

19 1998). “If the evidence can reasonably support either affirming

20 or reversing,” the reviewing court “may not substitute its

21 judgment” for the Commissioner’s. Id. at 720-21.

22 IV. THE EVALUATION OF DISABILITY

23 People are “disabled” for Social Security purposes if they

24 can’t engage in any substantial gainful activity owing to a

25 physical or mental impairment that is expected to result in death

26 or has lasted, or is expected to last, for a continuous period of

27 at least 12 months. 42 U.S.C. § 423(d)(1)(A); Drouin v.

28 Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992).

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1 A. The Eight-Step Evaluation Process

2 The ALJ follows an eight-step sequential evaluation process

3 to assess whether a recipient continues to be disabled. 20

4 C.F.R. § 404.1594(f); see also Nathan v. Colvin, 551 F. App’x

5 404, 407 (9th Cir. 2014); Held v. Colvin, 82 F. Supp. 3d 1033,

6 1037 (N.D. Cal. 2015). In the first step, the Commissioner must

7 determine whether the recipient is currently engaged in

8 substantial gainful activity; if so, he is no longer disabled.

9 § 404.1594(f)(1); see also McCalmon v. Astrue, 319 F. App’x 658,

10 659 (9th Cir. 2009). If not, the second step requires the

11 Commissioner to determine whether the recipient has an impairment

12 or combination of impairments that meets or equals an impairment

13 in the Listing of Impairments (“Listing”) set forth at 20 C.F.R.

14 part 404, subpart P, appendix 1; if so, he continues to be

15 disabled. § 404.1594(f)(2). If not, the third step requires the

16 Commissioner to determine whether medical improvement has

17 occurred.2 § 404.1594(f)(3). If so, the analysis continues to

18 step four; if not, it proceeds to step five. Id.

19 If medical improvement has occurred, the fourth step

20 requires the Commissioner to determine whether the improvement is

21 related to the recipient’s ability to work — that is, whether his

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24 2 Medical improvement is “any decrease in the medical

severity of [a recipient’s] impairment(s) which was present at

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the time of the most recent favorable medical decision that [the

26 recipient was] disabled or continued to be disabled.”

§ 404.1594(b)(1). “A determination that there has been a

27 decrease in medical severity” must be based on “improvement in

the symptoms, signs, and/or laboratory findings associated with

28 [a recipient’s] impairment(s).” Id.

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1 residual functional capacity (“RFC”)3 has increased since the

2 most recent favorable medical decision. § 404.1594(f)(4). If

3 medical improvement is not related to his ability to work, the

4 analysis continues to step five; if it is, it proceeds to step

5 six. Id.

6 If medical improvement has not occurred or is not related to

7 the recipient’s ability to work, the fifth step requires the

8 Commissioner to determine whether an exception to medical

9 improvement applies. § 404.1594(f)(5). Under the first group of

10 exceptions, the Commissioner may find a recipient no longer

11 disabled even though he has not medically improved if he can

12 engage in substantial gainful activity; if one of those

13 exceptions applies, the analysis proceeds to step six.

14 § 404.1594(d). Under the second group of exceptions, the

15 Commissioner may find a recipient no longer disabled without

16 determining medical improvement or an ability to engage in

17 substantial gainful activity; if one of those exceptions applies,

18 the recipient is no longer disabled. § 404.1594(e). If no

19 exceptions apply, he continues to be disabled. § 404.1594(f)(5).

20 The sixth step requires the Commissioner to determine

21 whether all the recipient’s current impairments in combination

22 are “severe,” which means that they significantly limit his

23 ability to do basic work activities; if not, he is no longer

24 disabled. § 404.1594(f)(6). If so, the seventh step requires

25 the Commissioner to determine whether he has sufficient RFC,

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27 3 RFC is what a claimant can do despite existing exertional

and nonexertional limitations. § 404.1545(a)(1); see also Cooper

28 v. Sullivan, 880 F.2d 1152, 1155 n.5 (9th Cir. 1989).

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1 “based on all [his] current impairments,” to perform his past

2 relevant work; if so, he is no longer disabled.

3 § 404.1594(f)(7).

4 If the recipient cannot do any past work or has none, the

5 eighth and final step requires the Commissioner to determine,

6 using the RFC assessed in step seven, whether he can perform any

7 other substantial gainful work; if so, he is no longer disabled.

8 § 404.1594(f)(8). If not, he continues to be disabled. Id.

9 B. The ALJ’s Application of the Eight-Step Process

10 At step one, the ALJ found that Plaintiff had not engaged in

11 substantial gainful activity from October 12, 2005, the date of

12 his most recent favorable medical decision,4 through June 30,

13 2015. (AR 266.) In the 2005 CPD, Plaintiff had the impairments

14 of depression, mood disorder, and bipolar disorder. (Id.) The

15 ALJ found that as of June 30, 2015, he had the medically

16 determinable impairments of arthrosis of the left wrist, high

17 blood pressure, and affective disorder. (Id.)

18 At step two, the ALJ concluded that these impairments did

19 not meet or equal a Listing. (AR 266-68.) At step three, he

20 found medical improvement: “The medical evidence,” the ALJ wrote,

21 “supports a finding that, as of June 30, 2015,” the impairments

22 present at the time of the CPD had decreased in severity. (AR

23 268.) At step four, he determined that Plaintiff’s medical

24 improvement was related to his ability to work because it led to

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4 The most recent favorable medical decision is also known

as the comparison-point decision (“CPD”). See Program Operations

27 Manual System (POMS) DI 28010.105, U.S. Soc. Sec. Admin. (Jan.

13, 2016), http://secure.ssa.gov/apps10/poms.nsf/lnx/0428010105;

28 see also § 404.1594(b)(7).

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1 “an increase in [his] residual functional capacity.” (Id.)

2 Skipping to step six, he found that as of June 30, 2015,

3 Plaintiff “continued to have a severe impairment or combination

4 of impairments.” (Id.) The ALJ noted that those impairments

5 “caused more than minimal limitation in [Plaintiff’s] ability to

6 perform basic work activities.” (Id.)

7 At step seven, the ALJ concluded that based on Plaintiff’s

8 impairments then present, he retained the RFC for “medium work”

9 with these limitations: frequent postural activity; no more than

10 occasional ladder climbing; “avoidance of concentrated exposure

11 to extreme cold”; “no more than occasional operation of controls

12 with the left hand”; and only “simple, routine tasks with no

13 public contact.” (Id.) Plaintiff had no past relevant work.

14 (AR 276.)

15 At step eight, the ALJ accepted the vocational expert’s

16 testimony that an individual of Plaintiff’s age, education, work

17 experience, and RFC could perform the work of cleaner, kitchen

18 helper, and hand packager. (AR 277.) Plaintiff thus “was able

19 to perform a significant number of jobs in the national economy”

20 as of June 30, 2015 (AR 276-77), ending his disability (AR 277).

21 As noted above, the Appeals Council adopted all the ALJ’s

22 findings except for the date on which Plaintiff’s disability

23 ended. (AR 5.) It found that disability ended on August 1,

24 2014, and that he did not become disabled again through June 30,

25 2015, the date last insured. (AR 7.)

26 V. DISCUSSION

27 Plaintiff raises a sole claim on appeal: the ALJ improperly

28 rejected the opinion of Dr. Michelle Mehta. (See J. Stip. at 5-

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1 11.) As discussed below, the ALJ provided specific and

2 legitimate reasons for giving the opinion “no weight,” and remand

3 is not warranted.

4 A. Applicable Law

5 Three types of physicians may offer opinions in Social

6 Security cases: those who directly treated the plaintiff, those

7 who examined but did not treat the plaintiff, and those who did

8 neither. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995)

9 (as amended Apr. 9, 1996). A treating physician’s opinion is

10 generally entitled to more weight than an examining physician’s,

11 and an examining physician’s opinion is generally entitled to

12 more weight than a nonexamining physician’s. Id.; see

13 § 404.1527(c)(1)-(2).5

14 The ALJ may discount a physician’s opinion regardless of

15 whether it is contradicted. Magallanes v. Bowen, 881 F.2d 747,

16 751 (9th Cir. 1989); see also Carmickle v. Comm’r, Soc. Sec.

17 Admin., 533 F.3d 1155, 1164 (9th Cir. 2008). When a doctor’s

18 opinion is not contradicted by other medical-opinion evidence,

19 however, it may be rejected only for a “clear and convincing”

20 reason. Magallanes, 881 F.2d at 751 (citations omitted);

21 Carmickle, 533 F.3d at 1164 (citing Lester, 81 F.3d at 830-31).

22 When it is contradicted, the ALJ need provide only a “specific

23 and legitimate” reason for discounting it. Carmickle, 533 F.3d

24 at 1164 (citing Lester, 81 F.3d at 830-31). The weight given a

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5 For claims filed on or after March 27, 2017, the rules in

§ 404.1520c (not § 404.1527) apply. See § 404.1520c (evaluating

27 opinion evidence for claims filed on or after Mar. 27, 2017).

Plaintiff’s claim was filed before March 27, 2017, however, and

28 the Court therefore analyzes it under former § 404.1527.

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1 doctor’s opinion, moreover, depends on whether it is consistent

2 with the record and accompanied by adequate explanation, among

3 other things. See § 404.1527(c); see also Orn v. Astrue, 495

4 F.3d 625, 631 (9th Cir. 2007) (factors in assessing physician’s

5 opinion include length of treatment relationship, frequency of

6 examination, and nature and extent of treatment relationship).

7 B. Relevant Background

8 1. Dr. Mehta’s letter

9 Dr. Mehta, a staff psychiatrist at a VA mental-health

10 clinic, authored a one-page letter for Plaintiff on November 17,

11 2014. (AR 860.) In it, she listed his “prior diagnoses of mixed

12 anxiety and depression, polysubstance dependence in remission,

13 and some cluster A and B personality traits,” with the

14 possibility of posttraumatic stress disorder. (Id.) She noted

15 that he “describe[d] difficulties” with his behavior,

16 concentration, and memory. (Id.) He also told her that he did

17 not “socialize with others” and lacked “emotional support” from

18 those he could “trust.” (Id.)

19 Dr. Mehta found Plaintiff’s mood “irritable,” his thought

20 process “tangential,” and his thought content “significant for

21 description of limited frustration tolerance when faced with a

22 number of stressors.” (Id.) She observed that

23 [Plaintiff] has described significant difficulties with

24 anger management as well as coping with stress in

25 employment situations, especially when faced with

26 negative interactions with co-workers or physical threats

27 from other individuals. His exposure to violence in his

28 early life and during prior incarcerations as well as

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1 ongoing psychosocial stressors has likely contributed to

2 his impairments in functioning.

3 (Id.) She concluded that “[i]n his current state, he is unlikely

4 to be able to seek or participate in competitive employment.”

5 (Id.)

6 Although the ALJ described Dr. Mehta as a “treating

7 physician” (AR 274) and the parties do not dispute that

8 characterization, the record contains no treatment notes from her

9 (see generally AR 33-159, 600-869).

10 2. The ALJ’s decision

11 The ALJ gave “no weight” to Dr. Mehta’s assessment. (AR

12 274.) He reasoned that it lacked support from the objective

13 record, outlining three ways that was so. (Id.)

14 First, Plaintiff’s statements that he had problems

15 socializing and obtaining adequate emotional support conflicted

16 with the record. (Id.) The ALJ noted that Plaintiff simply

17 preferred his pastor and church members over the VA for resources

18 and to talk through stressors; participated in church; liked

19 where he lived because of its proximity to family, friends, his

20 church, and the VA; and “enjoyed walks in his neighborhood and

21 reconnecting with family and friends, with whom he spent his days

22 visiting.” (Id.) He “clearly socialized with others and had

23 emotional support he could trust,” the ALJ concluded. (Id.)

24 Second, Plaintiff’s statements about his concentration and

25 memory cut against evidence showing that he paid his bills on

26 time, cared for his personal needs, managed his medications,

27 maintained a clean home, watched television, used computers,

28 sought to return to school, and enjoyed “handy work tasks.”

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1 (Id.)

2 Finally, contrary to Dr. Mehta’s observations, the record

3 “repeatedly noted a euthymic mood, clear and linear thought

4 processes, and normal speech.” (Id.) Plaintiff was “alert and

5 oriented.” (Id.) He “repeatedly stated he was doing well” and

6 acknowledged being “willing and able” to return to work. (Id.)

7 He also “retained job skills and an interest in vocational

8 development.” (Id.)

9 C. Analysis

10 1. Dr. Mehta does not qualify as a treating source

11 A treating physician is a claimant’s own physician who has

12 provided or continues to provide him with medical treatment or

13 evaluation in an “ongoing treatment relationship.” See Benton ex

14 rel. Benton v. Barnhart, 331 F.3d 1030, 1035 (9th Cir. 2003);

15 § 404.1527(a)(2). A treatment relationship is “ongoing” “when

16 the medical evidence establishes that [the claimant] see[s], or

17 [has] seen, the source with a frequency consistent with accepted

18 medical practice for the type of treatment and/or evaluation

19 required for [his] medical condition(s).” § 404.1527(a)(2). If

20 a patient elicits the help of a physician only to obtain a report

21 to support his disability claim, that physician is not treating

22 him. Id.

23 No evidence shows that Dr. Mehta ever treated Plaintiff. To

24 the contrary, she reported that on November 17, 2014, the same

25 day she wrote the letter, he “present[ed] for initial psychiatric

26 evaluation.” (AR 128.) He said that he was “not interested in

27 any treatment offered at [the clinic] and [was] here only because

28 he need[ed] paperwork completed for the department of social

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1 services.” (Id.) Likewise, under the heading “Presenting Chief

2 Complaint,” Dr. Mehta quoted Plaintiff: “‘[T]he Department of

3 Social Services requires I have an evaluation done.’” (Id.)

4 Later that day, Dr. Mehta noted that he “clarifie[d] at intake

5 today that he does not want treatment but wants documentation for

6 the department of social services so that he can maintain his

7 current benefits.” (AR 127.)

8 Plaintiff did not have an “ongoing treatment relationship”

9 with Dr. Mehta. Thus, she was not a treating source. Her

10 opinion, then, was not entitled to the greater deference the ALJ

11 assumed. See Cline v. Astrue, No. ED CV 08-463-PLA, 2009 WL

12 2163507, at *5 n.4 (C.D. Cal. July 16, 2009) (noting that

13 physician likely did not qualify as treating source because “he

14 examined plaintiff on only one occasion”). But even if Dr. Mehta

15 did qualify as a treating source and had regularly treated

16 Plaintiff, the ALJ still would not have erred. As discussed

17 below, he provided specific and legitimate reasons supported by

18 substantial evidence for rejecting her opinion.

19 2. The ALJ properly gave Dr. Mehta’s opinion “no

20 weight”

21 As Plaintiff acknowledges (J. Stip. at 7), Dr. Mehta’s

22 opinion conflicted with that of nonexamining state-agency

23 physician S. Gold.6 Dr. Gold opined in August 2014 that

24 Plaintiff’s physical and mental conditions had significantly

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6 Dr. Gold’s electronic signature includes a medical

27 specialty code of 37, indicating psychiatry. (AR 723); see POMS

DI 24501.004, U.S. Soc. Sec. Admin. (May 5, 2015),

28 https://secure.ssa.gov/apps10/poms.nsf/lnx/0424501004.

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1 improved and that his mental impairments were no longer severe.

2 (AR 723-33.) Three months later, state-agency reviewing

3 physician R. Tashjian7 affirmed Dr. Gold’s opinion.8 (AR 849.)

4 Thus, the ALJ needed to provide only a “specific and legitimate

5 reason” for giving Dr. Mehta’s opinion no weight. Carmickle, 533

6 F.3d at 1164 (citation omitted). He did so.

7 A conflict between a treating physician’s opinion and the

8 “greater objective record” constitutes a specific and legitimate

9 reason for rejecting that opinion. Simon v. Colvin, 582 F. App’x

10 671, 671-72 (9th Cir. 2014); see also Batson v. Comm’r of Soc.

11 Sec. Admin., 359 F.3d 1190, 1195 (9th Cir. 2004) (rejecting

12 treating physician’s opinion that was “conclusory, brief, and

13 unsupported by the record as a whole”).

14 The ALJ properly found that Dr. Mehta’s opinion lacked

15 support from the objective record in at least three ways. First,

16 her mental-status findings — irritable mood, tangential thought

17 process, and limited frustration tolerance — conflicted with the

18 objective record. (AR 274.) VA records from 2013 and 2014

19 “repeatedly noted [Plaintiff’s] euthymic mood, clear and linear

20 thought processes, and normal speech,” the ALJ correctly

21 observed. (Id. (citing AR 746, 760, 773, 780, 797, 800, 828).)

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7 Like Dr. Gold, Dr. Tashjian’s electronic signature

24 includes a medical specialty code of 37, indicating psychiatry.

(AR 849); see POMS DI 24501.004, U.S. Soc. Sec. Admin. (May 5,

25

2015), https://secure.ssa.gov/apps10/poms.nsf/lnx/0424501004.

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8 The ALJ gave “less weight” to the opinions of these

27 doctors “because evidence suggested [Plaintiff] did continue to

struggle with some mild to moderate mental limitations.” (AR

28 273.)

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1 In an April 2014 home visit, for example, Plaintiff reported

2 “doing well.” (AR 752.) The social worker assessed that he

3 “presented alert and oriented x 4,” his “speech was normal in

4 rate and rhythm,” his “thought process was linear and clear,” and

5 his “mood was euthymic and affect was congruent.” (AR 753.)

6 Likewise, in a June 2014 phone call, Plaintiff reported that he

7 was doing “fine.” (AR 745.) And the social worker echoed her

8 April 2014 assessment: he “sounded alert and oriented x 4,” his

9 “speech was normal in rate and rhythm,” his “thought process was

10 linear and clear,” and his “mood was euthymic.” (AR 746.) Two

11 months later, he again “reported that he [was] overall doing

12 well.” (AR 818.) The VA records teemed with similar reports and

13 assessments. (See, e.g., AR 747, 749, 755-59, 761, 764-66, 773,

14 778-80, 782, 784-85, 789, 793, 795-97, 819-20, 828, 830.)

15 The ALJ also correctly noted that Plaintiff stated in

16 September 2013 that he was “willing and able” to return to work.

17 (AR 791.) In line with that, the ALJ observed, an April 2014

18 mental-health treatment-plan note said that he had “no

19 restrictions.” (AR 750.) That note also remarked that he

20 possessed “job skills” and an “interest[] in vocational

21 development.” (Id.)

22 Second, Plaintiff’s statements to Dr. Mehta that he did not

23 socialize or possess adequate emotional support contradicted the

24 objective record. (AR 274.) In April 2014, for example, he

25 relayed to a VA social worker that he attended a family reunion

26 and that it “was a good experience.” (AR 752.) He also

27 “reported that he reconnected with many family and friends.”

28 (Id.) The next month, he told the social worker that he “spends

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1 his time visiting family and friends” and helping at his church.

2 (AR 749.) Then, in late June 2014, he reported that he “spen[t]

3 time helping at his church” and that he “coped” with stressors

4 with help from “his pastor and friends.” (AR 746.)

5 Other VA records confirm Plaintiff’s socialization and

6 emotional support: his pastor and members of his church

7 “provide[d] spiritual support, [would] try to help him obtain

8 items for his new apartment, and . . . assist[ed] with security

9 deposit funds” (AR 782 (Oct. 2013)); he appeared “euthymic, as

10 evidenced by . . . the support he [was] receiving from his

11 church” (AR 773 (Nov. 2013)); “[he was] very satisfied with [his

12 apartment’s] convenient location” because of his access to

13 family, friends, and his church (AR 763 (Dec. 2013)); “he [was]

14 receiving support from his friends and church members” (AR 758

15 (Feb. 2014)); and “he spen[t] his time . . . volunteering at

16 church[] and visiting with friends and family” (AR 819 (Aug.

17 2014)).

18 Third, Plaintiff’s statements to Dr. Mehta about his

19 difficulties with concentration and memory conflicted with the

20 objective record. (AR 274.) During an April 2014 home visit,

21 for example, he reported that his bills were “current.” (AR

22 752.) He was also “setting aside $60 each month for the

23 [utility] bill and plan[ned] to continue with this savings plan.”

24 (AR 753.) He reported to social workers at least five other

25 times during 2014 that his bills were “current.” (AR 748, 755,

26 757, 760, 818-19.) He also successfully searched the internet on

27 his own to find an apartment to rent. (AR 763, 766, 777-80.)

28 And at all Plaintiff’s home visits from December 2013 to

15

1 August 2014 — seven total — the social worker reported that his

2 home was “clean and organized.” (AR 748, 752, 755, 757, 760,

3 762, 818.) He “practic[ed] his computer skills,” enjoyed “handy

4 work tasks,” and went to the gym. (AR 760.) He also had an

5 interest in returning to school to learn computer skills. (AR

6 791.) Indeed, in September 2013, one social worker concluded

7 that he was “independent in all activities of daily living and

8 most instrumental activities of daily living[,] including

9 cleaning, shopping, food preparation, laundry, [and]

10 transportation, and [he] can administer all his own medication.”

11 (AR 791.) The ALJ, then, rightly concluded that Plaintiff

12 “clearly had sufficient concentration and memory to be able to

13 pay his bills on time, as well as care [for] his personal needs

14 and maintain a clean home.” (AR 274.)

15 In sum, both Dr. Mehta’s mental-status findings and

16 Plaintiff’s self-reports recounted in her letter conflicted with

17 the greater objective record. The ALJ detailed those conflicts.

18 Thus, he properly rejected her opinion that Plaintiff was

19 “unlikely to be able to seek or participate in competitive

20 employment.”

21 Plaintiff’s contrary arguments fail. He first contends that

22 the “longitudinal picture of [his] presentation fails to

23 demonstrate sustained improvement which can reasonably be deemed

24 inconsistent with Dr. Mehta’s opinion.” (J. Stip. at 9.) In

25 support of this argument, he points to six records from November

26 2014 to August 2015 (some of them past Plaintiff’s date last

27 insured) that appear to bolster Dr. Mehta’s mental-status

28 findings of irritable mood and tangential thought process. (Id.

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1 at 8.)

2 True, some reports from that time period noted that

3 Plaintiff had tangential thought process, pressured speech,

4 labile affect, and angry affect. (See AR 109, 112, 116, 127,

5 132, 133, 869.) And in May 2015, one provider noted that he

6 “tore up the place,” throwing items and “scaring everybody.”9 (AR

7 863.) The provider also noted that Plaintiff had a “profound

8 mistrust of others,” especially those at the VA. (Id.)

9 Progress is rarely a straight line. “Cycles of improvement

10 and debilitating symptoms are a common occurrence” in the mental-

11 health context. Garrison v. Colvin, 759 F.3d 995, 1017 (9th Cir.

12 2014). For that reason, the Ninth Circuit has warned against

13 “improperly singl[ing] out a few periods of temporary well-being

14 from a sustained period of impairment.” Id. at 1018.

15 But the ALJ here did no such thing. He cited and explained

16 detailed reports from late 2013 until summer 2014 repeatedly

17 contradicting Dr. Mehta’s findings. (See AR 274.) And even

18 reports from the same period relied on by Plaintiff cut against

19 Dr. Mehta’s findings. In late December 2014, for example, a

20 social worker wrote that Plaintiff “sounded alert and oriented x

21 4.” (AR 121.) His “speech was normal in rate and rhythm and

22 thought process was linear and clear.” (Id.) His “mood was

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24 9 It is not entirely clear that this behavior occurred in

May 2015. Rather, in discussing with a medical practitioner the

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potential side effects of psychiatric medicines, Plaintiff

26 expressed “a lot of fear” that if he took them he would “tear

things up like PTSD,” after which the author of the note recounts

27 the incident. (AR 863.) Thus, the incident might refer to

something that happened in the past that Plaintiff was afraid

28 would happen again if he took the medication.

17

1 euthymic.” (Id.) A few months later, a social worker made

2 exactly the same assessment. (AR 120-21.) And in May 2015, to

3 take just one other example, a mental-health treatment note

4 stated that Plaintiff had “no restrictions.” (AR 113.)

5 Plaintiff’s mental-health improvement from the 2005 CPD to

6 June 2015 comes as no surprise, moreover. During that period, he

7 went from homelessness and drug addiction to generally sober

8 living in his own apartment, with a network of family and

9 friends. Indeed, Plaintiff described himself as “very happy” (AR

10 217) after 2013, “not as depressed” and “starting to feel capable

11 of doing stuff” (AR 219).

12 Plaintiff maintains that the ALJ “unfairly punished [him]

13 for relying on his church as support rather than the [VA] where

14 [he] had issues.” (J. Stip. at 9-10.) But the ALJ never did

15 this. He simply noted Plaintiff’s church involvement — along

16 with his relationships with friends and family — to show that he

17 did socialize and receive adequate emotional support. (AR 274.)

18 That showing undercut his contrary statements to Dr. Mehta.

19 (Id.)

20 Plaintiff’s next argument fares no better. He stresses that

21 his ability to pay bills, maintain personal needs, keep a clean

22 home, manage his medications, use computers, maintain an interest

23 in returning to school, and enjoy “handy work tasks” does not

24 conflict with Dr. Mehta’s opinion. (J. Stip. at 10.) For

25 support, he cites Fair v. Bowen, 885 F.2d 597 (9th Cir. 1989).

26 (Id.) There, the Ninth Circuit observed “that claimants [need

27 not] be utterly incapacitated to be eligible for benefits, and

28 many home activities are not easily transferable to what may be

18

1 the more grueling environment of the workplace, where it might be

2 impossible to periodically rest or take medication.” Fair, 885

3 F.2d at 603 (citations omitted).

4 But most of the activities noted by the ALJ here — paying

5 bills, caring for personal needs, cleaning a home, and so forth —

6 appear to be transferable to the workplace. See, e.g., id. at

7 604 (finding that ALJ properly discredited claimant’s pain

8 testimony because he remained able to care for all his personal

9 needs and perform routine household maintenance and chores, among

10 other things); Burch v. Barnhart, 400 F.3d 676, 680-81 (9th Cir.

11 2005) (finding that ALJ properly discredited claimant’s pain

12 testimony because she could care for personal needs, cook, clean,

13 shop, interact with family, and manage finances); Morgan v.

14 Comm’r of Soc. Sec. Admin., 169 F.3d 595, 600 (9th Cir. 1999)

15 (upholding ALJ’s finding that claimant’s “ability to fix meals,

16 do laundry, work in the yard, and occasionally care for his

17 friend’s child” was evidence of his ability to work). Moreover,

18 as the ALJ found (AR 274), Plaintiff engaged in them over a

19 sustained period, reasonably suggesting that contrary to his

20 reports to Dr. Mehta, he retained adequate concentration and

21 memory.

22 Finally, the ALJ here concluded that “it appears the

23 claimant specifically asked to be seen by a psychiatrist so he

24 could generate evidence” to support his disability appeal. (AR

25 274.) Plaintiff argues that if the ALJ rejected Dr. Mehta’s

26 opinion for that reason, he erred. (J. Stip. at 11 (citing

27 Lester, 81 F.3d at 832 (“The purpose for which medical records

28 are obtained does not provide a legitimate basis for rejecting

19

them.”)).) But even assuming error, it was harmless: as

2 || discussed above, the ALJ gave other specific and legitimate

3 | reasons for rejecting Dr. Mehta’s opinion. See Robbins, 466 F.3d

885 (error harmless when “it was clear from the record” that

was “inconsequential to the ultimate nondisability

6 || determination” (citation omitted)).

7 The ALJ reasonably rejected Dr. Mehta’s opinion, and remand

is not warranted.

VI. CONCLUSION

10 Consistent with the foregoing and under sentence four of 42

11 U.S.C. § 405(g), IT IS ORDERED that judgment be entered AFFIRMING

12 |} the Commissioner’s decision terminating Plaintiff’s Social

13 |} Security disability insurance benefits, DENYING his request for

14 |] remand, and in the Commissioner’s favor.

15

DATED: June 24, 2021 fo hrohutl~

JEAN ROSENBLUTH

17 U.S. Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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