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Rogers v. Comm'r of Soc. Sec. Admin.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 20, 2012
490 F. App'x 15 (9th Cir. 2012)
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Summary

holding ALJ properly found the opinion that the plaintiff "might be unable to deal with the usual stress encountered in the workplace" was equivocal

Summary of this case from Lorilyn W. v. Comm'r Soc. Sec. Admin.
See 24 Summaries

Opinion

No. 11-15575 D.C. No. 1:09-cv-01972-JLT

07-20-2012

RAYLENA ROGERS, Plaintiff - Appellant, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant - Appellee.

NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

Jennifer L. Thurston, Magistrate Judge, Presiding


San Francisco, California

Before: CLIFTON and MURGUIA, Circuit Judges, and COLLINS, District Judge.

The Honorable Raner C. Collins, United States District Judge for the District of Arizona, sitting by designation.
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Raylena Rogers appeals from the district court's judgment affirming the Commissioner of Social Security's denial of her application for supplemental security income benefits under Title XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo a district court's judgment upholding the denial of social security benefits. Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). We must affirm the denial of benefits unless it is based on legal error or the findings of fact are not supported by substantial evidence. Valentine v. Comm'r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir. 2009).

Rogers contends the ALJ erred in evaluating two reports from Ronald Portnoff, M.D., a consulting orthopedic specialist who examined Rogers in July 2007 and September 2008. An ALJ must give clear and convincing reasons for rejecting the uncontroverted opinion of an examining physician. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). Here, the ALJ did not reject Dr. Portnoff's opinion. Dr. Portnoff's 2007 report reflected Rogers's temporary orthopedic condition before she became medically stationary. It was not probative of Rogers's residual functional capacity ("RFC"). The ALJ's RFC assessment was consistent with Dr. Portnoff's 2008 evaluation. Accordingly, the ALJ did not err in evaluating Dr. Portnoff's reports.

Rogers contends the ALJ erred in evaluating the report of Ekram Michiel, M.D., a consulting psychiatric specialist who examined Rogers in October 2006. The ALJ gave little weight to Dr. Michiel's statement that Rogers might be unable to deal with the usual stress encountered in the workplace. The ALJ discounted Dr. Michiel's statement because it was equivocal, conclusory, unsupported by clinical findings, and inconsistent with the record as a whole. The ALJ's reasons are clear and convincing. See Lester, 81 F.3d at 830; see also Batson v. Comm'r Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004) (when evidence supports more than one rational interpretation, courts defer to the Commissioner's decision); Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002) (an ALJ need not accept the opinion of a physician that is conclusory and inadequately supported by clinical findings).

Rogers contends the ALJ erred in evaluating the reports of A. H. Middleton, M.D., an agency psychiatrist who reviewed the case record but did not examine Rogers. Dr. Middleton prepared a psychiatric review technique form ("PRTF") indicating Rogers had moderate impairment in broad functional areas used at steps two and three of the sequential disability-determination process. The ALJ's findings at steps two and three are consistent with moderate impairment in the broad functional areas addressed on the PRTF. Dr. Middleton also prepared a mental residual functional capacity form ("MRFC") indicating Rogers was moderately limited in the abilities to understand, remember, and carry out detailed instructions and to respond appropriately to changes in the work setting. The ALJ's RFC assessment is consistent with Dr. Middleton's MRFC, because the ALJ found Rogers could perform work limited to simple routine tasks performed in unskilled work. Accordingly, the ALJ did not err in evaluating Dr. Middleton's statements.

Rogers also contends the ALJ's RFC assessment was erroneous because it did not include limitations addressing social functioning. At step three, the ALJ did find that Rogers had moderate difficulties in the broad functional area of social functioning. In her RFC assessment, however, the ALJ found that, despite Rogers's moderate difficulties in social functioning, Rogers did not have significant limitations in any concrete work-related abilities that would prevent her from performing simple routine tasks involved in unskilled jobs. The RFC assessment is consistent with the limitations in work-related abilities identified in the statements of Drs. Middleton and Michiel. Accordingly, the RFC assessment adequately captured all of Rogers's limitations. Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1174 (9th Cir. 2008) (the RFC assessment adequately captures restrictions in broad functional areas if it is consistent with the concrete limitations in the medical opinions).

Rogers also challenges the vocational expert's testimony because the ALJ failed to include a limitation on social functioning in the hypothetical assumptions used to elicit the expert's testimony. The ALJ used hypothetical assumptions that accurately reflected the RFC assessment. The ALJ was not required to include additional limitations not supported by the record. Osenbrock v. Apfel, 240 F.3d 1157, 1164-65 (9th Cir. 2001).

The ALJ applied the proper legal standards and her findings are supported by substantial evidence in the record as a whole. Accordingly, the judgment of the district court is AFFIRMED.

Summaries of

Rogers v. Comm'r of Soc. Sec. Admin.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 20, 2012
490 F. App'x 15 (9th Cir. 2012)

holding ALJ properly found the opinion that the plaintiff "might be unable to deal with the usual stress encountered in the workplace" was equivocal

Summary of this case from Lorilyn W. v. Comm'r Soc. Sec. Admin.

holding that an RFC limited to simple, routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for difficulties with social functioning

Summary of this case from Truong v. Berryhill

holding that an RFC limited to simple, routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for difficulties with social functioning

Summary of this case from Gann v. Berryhill

holding that an RFC for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, adequately accounted for such limitations

Summary of this case from Menges v. Berryhill

holding that an RFC for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Messerli v. Berryhill

holding a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Greenfield v. Acting Comm'r of the Soc. Sec. Admin.

holding a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from McKinley v. Colvin

holding that a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Guerrero v. Colvin

holding that a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Yates v. Colvin

holding that a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Gies v. Colvin

holding that a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Miller v. Colvin

holding that an RFC for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Jenkins v. Colvin

holding that a limitation to simple, routine, unskilled work accounted for the claimant's moderate difficulties in social functioning

Summary of this case from Browning v. Colvin

holding that a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Brassfield v. Colvin

holding that a residual functional capacity for simple routine tasks, which did not expressly note the claimant's moderate limitations in interacting with others, nonetheless adequately accounted for such limitations

Summary of this case from Henry v. Colvin

holding that an RFC assessment for simple routine tasks, which did not expressly note the claimant's moderate social functioning limitations, nonetheless adequately accounted for such limitations, because they did not result in concrete work-related limitations preventing the claimant from performing simple routine tasks involved in unskilled jobs

Summary of this case from Martin v. Astrue

finding that plaintiff who was "moderately limited" in ability to, among other things, "respond appropriately to changes in the work setting" was properly evaluated in RFC to perform "simple routine tasks" "in unskilled work"

Summary of this case from Yuliya K. v. Saul

concluding ALJ properly discounted as equivocal physician's opinion that the claimant "might be unable to deal with the usual stress encountered in the workplace"

Summary of this case from Gallardo v. Berryhill

concluding ALJ properly discounted as equivocal physician's opinion that the claimant "might be unable to deal with the usual stress encountered in the workplace"

Summary of this case from Guest ex rel. Hopper v. Colvin

upholding RFC based on medical source opinions, which did not incorporate paragraph B finding of moderate limitation in social functioning

Summary of this case from Rhodus v. Berryhill

affirming the ALJ's decision where "the ALJ found that, despite Rogers's moderate difficulties in social functioning, Rogers did not have significant limitations in any concrete work-related abilities that would prevent her from performing simple routine tasks involved in unskilled jobs"

Summary of this case from Chalmers v. Colvin

In Rogers v. Commissioner of Social Security Administration, 490 F. App'x 15, 17-18 (9th Cir. 2012), the Ninth Circuit addressed this very issue, concluding that the ALJ's RFC assessment adequately captured all of the claimant's limitations, despite the ALJ's finding of moderate difficulties in social functioning, because the claimant did not have significant limitations in any concrete work-related abilities that would prevent her from performing simple routine tasks involved in unskilled jobs.

Summary of this case from Jamma v. Berryhill

indicating that unskilled work accommodates a need for limited contact with the general public

Summary of this case from Henderson v. Berryhill

In Rogers v. Comm'r of Soc. Sec. Admin., 490 F. App'x 15, 17 (9th Cir. 2012), the ALJ found, at Step Three, that the claimant had moderate limitations in social functioning.

Summary of this case from Cavanaugh v. Colvin
Case details for

Rogers v. Comm'r of Soc. Sec. Admin.

Case Details

Full title:RAYLENA ROGERS, Plaintiff - Appellant, v. COMMISSIONER OF SOCIAL SECURITY…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jul 20, 2012

Citations

490 F. App'x 15 (9th Cir. 2012)

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