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GEROUX v. SAUL (2021)

United States Court of Appeals, Ninth Circuit.2021-04-20No. No. 20-35558

Summary

Holding. The court affirmed the district court's decision upholding the Social Security Commissioner's denial of benefits, finding substantial evidence supported the administrative law judge's reasons for discounting medical opinions, the claimant's symptom testimony, and lay witness statements, as well as the resulting residual functional capacity assessment.

David Geroux appealed the denial of his applications for disability and supplemental security income benefits based on mental health conditions. The Social Security Administration's administrative law judge rejected or discounted significant portions of the medical opinions supporting Geroux's claim, as well as his own testimony about symptom severity and statements from his wife and former supervisor. The court found these credibility determinations were supported by evidence showing inconsistencies between Geroux's reported limitations and his actual daily functioning, his documented improvement with conservative treatment and alcohol abstinence, and the incomplete nature of some medical records.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Weight given to conflicting medical opinions regarding mental health limitations
  • Credibility of claimant's subjective symptom testimony versus evidence of daily activities
  • Adequacy of lay witness statements and treatment records in disability determinations
  • Consistency of residual functional capacity findings with the full medical record

Procedural posture

Geroux appealed the district court's order affirming the Social Security Commissioner's denial of his disability benefits applications to the circuit court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

David Geroux appeals the district courts order affirming the Social Security Commissioners denial of his applications for disability insurance benefits and supplemental security income due to a combination of mental impairments. We have jurisdiction under 28 U.S.C. § 1291. Reviewing the district courts decision de novo and the determination of the administrative law judge (“ALJ”) for substantial evidence, Dale v. Colvin, 823 F.3d 941, 943 (9th Cir. 2016), we affirm.

Substantial evidence supports the specific and legitimate reasons for the ALJs decision to give less weight to certain portions of Dr. Powell and Dr. Colemans opinions. See Ford v. Saul, 950 F.3d 1141, 1154 (9th Cir. 2020). Among other things, Dr. Powells opinion that Geroux was markedly limited in his ability to accept instruction from and respond appropriately to criticism from a supervisor was inconsistent with other medical evidence, treatment notes, Gerouxs improvement with conservative treatment, and his daily activities. See id. at 1154–55 (inconsistencies with other medical evidence and daily activities); Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017) (evidence indicating improvement with treatment). The ALJ similarly explained that Dr. Colemans assessment of marked limitations conflicted with evidence of Gerouxs daily activities and improvement with treatment, Dr. Coleman served as Gerouxs marriage counselor, and her treatment notes were not in the record. See Ford, 950 F.3d at 1155 (“[T]he ALJ may permissibly reject check-off reports that do not contain any explanation of the bases of their conclusions.” (quoting Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012))).

The ALJ did not err by finding Gerouxs subjective symptom testimony was not fully credible. Sufficient evidence supports the ALJs specific, clear, and convincing reasons, including that Gerouxs testimony regarding the severity of his symptoms was inconsistent with his daily activities, former reports to medical professionals of improvement with conservative treatment and abstinence from alcohol, and with other observations in his treatment records. See, e.g., Parra v. Astrue, 481 F.3d 742, 751 (9th Cir. 2007) (relying on evidence of “conservative treatment” to discount testimony regarding severity of impairment); Morgan v. Commr of Soc. Sec. Admin., 169 F.3d 595, 600 (9th Cir. 1999) (concluding that inconsistencies between symptom testimony and daily activities were sufficient to discount claimants testimony).

Substantial evidence similarly supports the ALJs specific and germane reasons for giving less weight to a statement from Gerouxs former supervisor and little weight to the statement and testimony of Gerouxs wife. See Carmickle v. Commr, Soc. Sec. Admin., 533 F.3d 1155, 1164 (9th Cir. 2008).

Finally, because the ALJ did not err in assessing the medical evidence, Gerouxs testimony, or lay witness statements, the ALJ likewise did not err in the assessment of Gerouxs residual functional capacity (“RFC”). The ALJ included in the RFC non-exertional limitations that were consistent with the record as a whole, and the ALJs RFC determination was supported by substantial evidence. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 886 (9th Cir. 2006).

AFFIRMED.