Timothy Edler v. Michael Astrue
Timothy Edler v. Michael Astrue
Opinion of the Court
MEMORANDUM
Timothy T. Edler appeals from the district court’s order affirming the Commissioner’s decision to deny him social security disability benefits. Edler argues, inter alia, that the ALJ erred in discounting both his subjective testimony regarding the crippling pain he experienced due to his regular, indeed weekly, headaches, and the opinion of a treating physician that he faces “marked” to “extreme” limitations due to his bipolar disorder. We agree on both counts and accordingly reverse and remand to the district court for an award of benefits.
During his hearing, Edler testified that he suffered from debilitating headaches on a weekly basis. If this testimony was true, given Edler’s other undisputed disabilities he would be entitled to benefits, for reasons explained below. Where, as here, there is no dispute as to the claimant’s underlying physical impairments,
In addressing Edler’s claim that he suffered from chronic headaches that resulted in disabling pain, the ALJ for the most part recited diagnostic data without providing the specific findings required by Bunnell.
The vocational expert testified that Edler would be unable to find work in the national economy if, in addition to the impairments recognized by the ALJ’s residual functional capacity assessment, he “would need more than the two 15 minute breaks normally allowed during a work shift and/or more than the 30 to 60 minute break normally allowed once per shift ... [a]nd/or ... [need] to miss more than two work days in a typical work month.” Had the AU credited Edler’s testimony that he suffered from weekly, debilitating headaches, he would have been compelled to conclude that Edler could not obtain work in the national economy. Thus, we remand for an award of benefits. See 20 C.F.R. §§ 404.1520(g), 404.1512(g).
A second basis for reversing and remanding is the ALJ’s improper rejection of the opinion of Edler’s treating physician, who concluded that Edler’s bipolar disorder entailed “marked” or “extreme” limitations on Edler’s ability to work. A treating physician’s opinion is generally due “controlling weight,” 20 C.F.R. § 404.1527(d)(2), and where, as here, it is contradicted by another doctor, it can be rejected only if the ALJ provides “specific and legitimate reasons supported by substantial evidence in the record.” Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). The ALJ’s rejection of the opinion of Edler’s treating physician relied on selective citations to periodic improvements in Edler’s treatment record that are fully consistent with Edler’s Bipolar I disorder, a disease that is, by definition, episodic.
REVERSED and REMANDED
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Edler contended he was disabled due to neck pain, dizziness, and balance difficulties brought about by brain surgery, headaches, numbness of his extremities, and psychiatric problems, including depression, anxiety, memory problems, difficulty concentrating, and anger problems. The AU concluded that Edler’s "medically determinable impairments could reasonably be expected to produce the alleged symptoms; however, the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are not credible to the extent they are inconsistent with the [AU’s residual functional capacity assessment].”
. Bunnell held that an AU disclaiming a claimant’s allegations of severity "must specifically make findings which support this conclusion,” and that ”[t]hese findings, properly supported by the record, must be sufficiently specific to allow a reviewing court to conclude the adjudicator rejected the claimant’s testimony on permissible grounds.” 947 F.2d at 345. This holding makes clear that "findings,” "conclusion,” and "record” are distinct concepts. Thus, neither the AU’s conclusion that Edler was not credible nor his unelaborated recitation of extensive sections of the record can meet Bunnell’s requirement that the ALJ provide specific findings that justify his rejection of Edler’s testimony.
. See National Institute of Mental Health, Bipolar Disorder 1 (2009) ("People with bipolar disorder experience unusually intense emotional states that occur in distinct periods called 'mood episodes.’ ”).
Dissenting Opinion
dissenting:
I respectfully dissent because, in my view, the Commissioner’s decision employs the correct legal standard and is supported by substantial evidence. See Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998) (describing our standard of review).
The administrative law judge (“ALJ”) permissibly discounted Dr. Nagy’s assessment of Claimant’s limitations. For example, Dr. Nagy made his last progress note on May 29, 2008, before Claimant ceased taking the medication that was suspected of causing his then-increased symptoms. Additionally, some of the limitations that Dr. Nagy listed were inconsistent with the details contained in his own treatment records, as well as inconsistent with treatment records of several other medical providers.
The ALJ also permissibly found Claimant not to be fully credible. The ALJ noted several specific ways in which Claimant’s subjective complaints were overstated in relation to objective medical findings and in relation to Claimant’s contemporaneous reports to some of the treating professionals. Moreover, the ALJ permissibly relied on the fact that Claimant discontinued mental health treatment for more than a year, suggesting that his mental impairment was not as severe as alleged. Finally, the ALJ permissibly relied on Claimant’s range of daily activities, including hunting, fishing, learning to play the guitar, lifting weights, and starting to develop a home-based business, the later economic failure of which does not detract from the relevance to credibility of the work activity itself, in which Claimant engaged for about four hours per day for about six months.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.