Buchholz v. Barnhart
Buchholz v. Barnhart
Opinion of the Court
MEMORANDUM
Dennis Buchholz appeals the district court’s affirmance of the Social Security
We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s affirmance of the Commissioner’s denial of benefits. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999). Since we conclude that the Administrative Law Judge (“ALJ”) erred at steps three, four, and five of the sequential disability evaluation process, we reverse the judgment of the district court and remand to the Commissioner for further proceedings consistent with this memorandum disposition.
At step three of the sequential evaluation process, the ALJ held that Buchholz “has no impairment which meets the criteria of any of the listed impairments,” based on his view that no “treating or examining physician has mentioned findings equivalent in severity to the criteria of any listed impairment.” The ALJ erred in two respects: (1) he improperly rejected the testimony of Buchholz’s treating physician, and (2) he applied an incorrect legal standard.
Dr. Schneider, Buchholz’s treating physician, diagnosed Buchholz with moderate spinal stenosis and submitted interrogatory responses supporting his findings under the criteria of what was then listing 1.05C. The ALJ failed to provide clear and convincing reasons, based on substantial evidence in the record, for rejecting this evidence. See Regennitter v. Comm’r, 166 F.3d 1294, 1298-1299 (9th Cir. 1999). As the Commissioner concedes, Dr. Schneider provided documentation and data for his findings in the interrogatory responses. For example, Dr. Schneider attached an MRI scan, which he discussed in the responses. He also referenced the records of his previous examinations. We further note that the ALJ misinterpreted Dr. Schneider’s statement that Buchholz “would not be limited in any prolonged standing or sitting as a consequence of his cervical injury alone” as inconsistent with his statement that Buchholz has “significant limitation of motion in the spine,” when Dr. Schneider specified that the latter statement pertained to both the cervical and lumbar spine.
In addition, as the Commissioner concedes, the ALJ improperly held that Buchholz did not meet the durational requirement. The twelve month duration standard applies to listed impairments for which there is no specific statement of duration. 20 C.F.R. §§ 404.1525(a). However, the listing in question here, 1.05C, did have a specific statement of duration. Listing 1.05C as then in effect required that the conditions persist “for at least 3 months despite prescribed therapy and [are] expected to last 12 months.” Id., 20 C.F.R. Pt. 404, Subpt. P, App. 1 (1999).
We therefore reverse and remand for application of the correct durational standard and proper evaluation of the evidence, giving due weight to the interrogatory responses of Dr. Schneider, the treating physician. On remand, the ALJ must evaluate Buchholz’s impairments using the current listings and procedures set forth at 20 C.F.R. Pt. 404, Subpt. P, App. 1. In addition, the ALJ must seek additional evidence if the ALJ concludes the record is not sufficiently developed. Smolen v. Chater, 80 F.3d 1273, 1288 (9th Cir. 1996).
The ALJ also erred at steps four and five by rejecting evidence of Buchholz’s non-exertional limitations. The ALJ improperly ignored the testimony of Mrs. Buchholz as to her husband’s pain and postural limitations. See Dodrill v. Shalala, 12 F.3d 915, 918-919 (9th Cir. 1993) (disregarding evidence from family mem
If the ALJ concludes that Buchholz has failed to show that his impairment meets a listed impairment, the ALJ must consider evidence of Buchholz’s non-exertional limitations when evaluating Buchholz’s residual functional capacity and ability to perform work at steps four and five.
In performing step five of the analysis, the ALJ may not rely exclusively on the Medical-Vocational Guidelines and must instead hear the testimony of a vocational expert if the ALJ concludes that Buch-holz’s non-exertional limitations “are sufficiently severe so as to significantly limit the range of work permitted by the claimant’s exertional limitations.” Burkhart v. Bowen, 856 F.2d 1335, 1340 (9th Cir. 1988) (internal quotation marks and citations omitted).
Reversed and remanded to the Commissioner for further proceedings at step three, and if applicable, at steps four and five.
REVERSED AND REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Dennis BUCHHOLZ, Plaintiff—Appellant v. Jo Anne BARNHART, Commissioner of Social Security, Defendant—Appellee
- Cited By
- 2 cases
- Status
- Published