Werle v. Astrue

3 Citing cases

  1. Santiago v. Astrue

    No. CIV 06-3052 PHX RCB (D. Ariz. Feb. 9, 2010)   Cited 7 times
    Declining to credit plaintiff's subjective symptoms or the opinion of her treating doctor as true when it was unclear from the record whether benefits must be awarded after the evidence is properly considered on remand

    This court's review is, in short, fairly limited, although it "must consider the evidence that supports as well as detracts from the [ALJ's] conclusion." Werle v. Astrue, 633 F.Supp.2d 857, 879 (D.Ariz. 2009) (citing Day v. Weinberger, 522 F.2d 1154, 1156 (9th Cir. 1975)). At the same time, however, the court is keenly aware that "when applying the substantial evidence standard, [it] should not mechanically accept the Commissioner's findings but should review the record critically and thoroughly."

  2. White-Harris v. Colvin

    Case No. 2:15-cv-01340-JAD-NJK (D. Nev. Sep. 21, 2016)

    See Wilson v. Colvin, 72 F. Supp. 3d 1159, 1164 n.2 (D. Ore. 2014). At the time of these examinations, however, the GAF scale was still being utilized, and the score assigned Plaintiff showed mild symptoms. See, e.g., Werle v. Astrue, 633 F. Supp. 2d 857, 882 n.15 (D. Ariz. 2009) (outlining various GAF scores). In sum, the Court finds that the ALJ in this case explicitly considered a variety of factors in concluding that Plaintiff's testimony was not credible.

  3. Graham v. Colvin

    CASE NO. 14-cv-05666 JRC (W.D. Wash. Feb. 2, 2015)   Cited 2 times

    Based on a review of the record, the Court concludes that the ALJ's findings regarding plaintiff's mental impairments are supported by substantial evidence in the record. Dr. Irwin diagnosed plaintiff with adjustment disorder with depressed mood, panic disorder without agoraphobia, opioid dependence, and anxiolytic dependence (AR. 525). Dr. Irwin found that plaintiff's problems are treatable and "could improve in the next 12 months with treatment and compliance" (AR. 525). Plaintiff's Global Assessment of Functioning ("GAF") score was assessed at 75, which indicates no more than slight impairment in social, occupational, or school functioning (id.); see Werle v. Astrue, 633 F.Supp.2d 857, 882 n.15 (D.Ariz 2009) ("With a GAF Score between 71-80, '[i]f symptoms are present, they are transient and expectable reactions to psychosocial stressors . . . [resulting in] no more than slight impairment in social, occupational, or school functioning . . ." (quoting Diagnostic and Statistical Manual of Mental Disorders, p. 32 (4th ed.) ("DSM-IV")).