Albery v. Colvin

2 Citing cases

  1. Waldon v. Colvin

    Case No.: 15cv0631 AJB (NLS) (S.D. Cal. Aug. 29, 2016)   Cited 3 times
    Noting that "a social security claimant may engage in exercise for therapeutic reasons despite pain" and finding that "Plaintiff's attempts to comply with the exercise regime suggested by his providers is not a clear and convincing reason to reject [a treating physician's] report about Plaintiff's pain levels"

    Accordingly, Plaintiff's attempts to comply with the exercise regime suggested by his providers is not a clear and convincing reason to reject Dr. Sprague's report about Plaintiff's pain levels. See Albery v. Colvin, No. CV-13-00321, 2014 WL 956135, at *11 (D. Ariz. Mar. 12, 2014) ("Plaintiff's participation in rehabilitation at the advice of his treating physicians is not inconsistent with his claims of limitations."); Feliz v. Colvin, No. CV-12-02196, 2014 WL 847137, at *9 (D. Ariz. Mar. 5, 2014) ("Plaintiff's limited walking on a treadmill, which was consistent with her doctor's advice that she exercise 'as tolerated,' is not inconsistent with her claims of severe abdominal pain."); Clark v. Colvin, No. C13-791, 2013 WL 6189726, at *5 (W.D. Wash. Nov. 26, 2013) (holding that the plaintiff's swimming and stretching were not inconsistent with her claims of pain and inability to work because health care providers encouraged this exercise). Next, in rejecting Dr. Sprague's opinion, the ALJ cited the belief that Plaintiff falsely alleged he was drafted into combat during the Vietnam war. As support, the ALJ cited Plaintiff's testimony about being in the Coast Guard as inconsistent with the assertion Plaintiff witnessed combat and suffered from PTSD.

  2. Lahnum v. Colvin

    CIVIL NO. 15-00336 DKW-RLP (D. Haw. Jul. 29, 2016)

    Although this evidence was not before the ALJ, the Court has considered it, and at best, his subsequent surgery tends to show that his back pain was a treatable condition rather than totally disabling. See Albery v. Colvin, 2014 WL 956135, at *12 (D. Ariz. Mar. 12, 2014) ("Evidence that treatment can effectively control an impairment may be a clear and convincing reason to find a claimant less credible.") (citing 20 C.F.R. ยงยง 404.1529(c)(3)(iv), 416.929(c)(3)(iv)). In any event, because the ALJ did not rely on whether Lahnum's back pain was a treatable condition in making her credibility determination, the Court acknowledges that it likewise may not rely upon it here.