2:24-cv-03149•Lawson v. Commissioner of Social Security Administration
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Amanda Lee Lawson, Plaintiff, v. Commissioner of Social Security Administration, Defendant. No. CV-24-03149-PHX-KML (JZB) REPORT AND RECOMMENDATION TO THE HONORABLE KRISSA M. LANHAM, UNITED STATES DISTRICT JUDGE: Plaintiff Amanda Lawson seeks judicial review of a decision by the Commissioner of the Social Security Administration (“SSA”) denying her application for Social Security Disability Insurance (“SSDI”) benefits. (Doc. 1 at 1.) Because the Parties agree that the Administrative Law Judge (“ALJ”) committed harmful legal error by improperly rejecting Plaintiff Lawson’s testimony and the opinion of her treating neurologist, the Court recommends that the ALJ’s decision be reversed. Furthermore, because Plaintiff’s treating neurologist’s opinion—credited-as-true—establishes that Plaintiff cannot engage in substantial gainful work that exists in the national economy, the Court recommends that the case be remanded for calculation and award of benefits.1 I. Background. On November 9, 2021, Plaintiff Lawson filed a Title II application for SSDI benefits 1 The Court issues the present Report and Recommendation pursuant to the November 19, 2024, Order of the District Court. (Doc. 12.) Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 1 of 13
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 based on an alleged disability beginning on October 19, 2018—i.e., the Alleged Onset Date (“AOD”). (Administrative Record (“AR”) at 15.) Plaintiff’s Date Last Insured (“DLI”) for SSDI benefits was on December 31, 2022. (Id. at 17.) At the time of filing, Plaintiff was 35 years old and had a twelfth-grade education. (Id. at 191, 207.) Prior to filing her Title II application, Plaintiff had worked during the preceding 15 years, but “did not engage in substantial gainful activity during the period from her [AOD] of October 19, 2018, through her [DLI] of December 31, 2022. (Id. at 18, 191–92.) Through Plaintiff’s DLI, she had a number of severe impairments, including: “Ehlers Danlos Syndrome[], Mast Cell Activation Syndrome[], Postural Orthostatic Tachycardia Syndrome[], Hashimoto’s thyroiditis, migraines, deep vein thrombosis[], Chron’s disease, lumbar stenosis, degenerative disc disease, obesity, depression, somatic symptoms disorder, a mild neurocognitive disorder, and anxiety.” (Id. at 18.) While the ALJ determined that Plaintiff had the aforementioned “severe impairments,” he found that they were insufficient to make Plaintiff disabled under the Social Security Act. (Id. at 18, 28–29.) II. The ALJ’s Five Step Process. To be eligible for SSDI benefits, a claimant must show that: (a) [they] suffer[] from a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months; and (b) the impairment renders [them] incapable of performing the work that [they] previously performed and incapable of performing any other substantial gainful employment that exists in the national economy. Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999) (citing 42 U.S.C. § 423(d)(2)(A)). If both elements are fulfilled, the claimant is disabled under the meaning of the Social Security Act. Apfel, 180 F.3d at 1098. An ALJ will apply a five-step analysis to determine whether a claimant is disabled under the Social Security Act: The five-step process for disability determinations begins, at the first and Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 2 of 13
- 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 second steps, by asking whether a claimant is engaged in “substantial gainful activity” and considering the severity of the claimant’s impairments. See 20 C.F.R. § 416.920(a)(4)(i)–(ii). If the inquiry continues beyond the second step, the third step asks whether the claimant’s impairment or combination of impairments meets or equals a listing under 20 C.F.R. pt. 404, subpt. P, app. 1 and meets the duration requirement. See id. § 416.920(a)(4)(iii). If so, the claimant is considered disabled and benefits are awarded, ending the inquiry. See id. If the process continues beyond the third step, the fourth and fifth steps consider the claimant’s “residual functional capacity” (“RFC”) in determining whether the claimant can still do past relevant work or make an adjustment to other work. See id. § 416.920(a)(4)(iv)–(v).2 See Kennedy v. Colvin, 738 F.3d 1172, 1174–75 (9th Cir. 2013). Under the five-step analysis, the claimant has the burden of proof for steps one through four. Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222 (9th Cir. 2009). At step four, the ALJ analyzes whether, considering the claimant’s RFC, if they “can return to substantial gainful activity performed in the past.” Id. at 1223. “If, at step four, ‘a claimant shows that he or she cannot return to his or her previous job, the burden of proof shifts to the Secretary to show that the claimant can do other kinds of work.’” Garrison v. Colvin, 759 F.3d 995, 1011 (9th Cir. 2014) (quoting Embrey v. Bowen, 849 F.2d 418, 422 (9th Cir. 1988)). In the case at hand, the ALJ—applying the five-step analysis—found that Plaintiff Lawson was not disabled within the meaning of the Social Security Act. At the first step, the ALJ determined that Plaintiff had not engaged “in substantial gainful activity during the period from her [AOD] of October 19, 2018, through her date last insured of December 31, 2022.” (AR at 18.) At the second step, the ALJ determined that Plaintiff had a number of severe impairments,3 noting that the “medically determinable impairments significantly limit the ability to perform basic work activities . . . .” (Id.) At the third step, the ALJ did 2 “The recent changes to the Social Security regulations did not affect the familiar ‘five-step sequential evaluation process.’” Woods v. Kijakazi, 32 F.4th 785, 787 n.1 (9th Cir. 2022) (quoting 20 C.F.R. § 404.1520(a)(1)). 3 As noted above, the severe impairments are “Ehlers Danlos Syndrome (EDS), Mast Cell Activation Syndrome (MCAS), Postural Orthostatic Tachycardia Syndrome (POTS), Hashimoto’s thyroiditis, migraines, deep vein thrombosis (DVT), Chron’s disease, lumbar stenosis, degenerative disc disease, obesity, depression, somatic symptoms disorder, a mild neurocognitive disorder, and anxiety.” (AR at 18.) Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 3 of 13
- 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not find any of Plaintiff Lawson’s impairments to meet or exceed “the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).” (Id.) Because these impairments were not automatically disabling, the ALJ proceeded to the fourth step. See (id. at 18–19.) At step four, the ALJ found that Plaintiff was “unable to perform past relevant work as actually or generally performed[,]” but “had the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b)[.]”4 (Id. at 19, 27.) Specifically, the ALJ found the findings of state agency medical consultants Coffee, MD (“Consultant Coffee”) (AR 60–79), and Hutchinson, DO (“Consultant Hutchinson”) (AR 82–96), persuasive. (Id. at 26–27.) First, Consultant Coffee opined that Plaintiff “could perform light work, sit for six hours and stand/walk for six hours.” (Id. at 26.) Second, Consultant Hutchinson “found that [Plaintiff] is not disabled.” (Id. at 27.) Most notably for this matter, the ALJ found that the opinions of Dr. Saperstein— Plaintiff’s treating neurologist—were unpersuasive. (Id. at 26.) Specifically, the ALJ states that: (a) Dr. Saperstein’s opinions “do not appear to be supported by treatment notes”; (b) that his “detailed letter . . . contains a lot of conclusory language”; (c) that his visits with Lawson were conducted through telehealth; and (d) that his observations were “rendered after the [DLI] although he states that the limitations go back to 2019.” (Id.) As discussed below, both Parties agree that the ALJ did not articulate the consistency of Dr. Saperstein’s opinions as was required by the relevant regulations. See (docs. 27 at 20 & 28 at 6); see also 20 C.F.R. § 404.1520c(a) (“The most important factors we consider when we evaluate the persuasiveness of medical opinions and prior administrative medical findings are supportability (paragraph (c)(1) of this section) and consistency (paragraph (c)(2) of this 4 Specifically, Plaintiff Lawson could: occasionally climb ramps and stairs, balance, stoop, kneel, and crouch. The claimant can never climb ladders, ropes or scaffolds or crawl. The claimant can occasionally be exposed to extreme temperatures, humidity and wetness, and workplace hazards, such as unprotected heights and moving mechanical parts. The claimant can perform simple, routine tasks. The claimant can make simple work-related decisions. (AR at 19.) Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 4 of 13
- 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 section).”) (emphasis added). Finally, in step five, the ALJ determined that through the DLI, “there were jobs that existed in significant numbers in the national economy that [Plaintiff] could have performed.” (AR at 27.) Therefore, the ALJ concluded that Plaintiff Lawson “was not under a disability, as defined in the Social Security Act, at any time from October 19, 2018, the [AOD], through December 31, 2022, the [DLI].” (Id. at 28.) III. Legal Standard. Generally, a Court will not upset the SSA’s disability determination unless that determination “contains legal error or is not supported by substantial evidence.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007). “‘Substantial evidence’ means more than a mere scintilla, but less than a preponderance; it is such relevant evidence as a reasonable person might accept as adequate to support a conclusion.” Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir. 2007). The Court must consider the record in its entirety, “weighing both the evidence that supports and the evidence that detracts from the Commissioner’s conclusion . . . and may not affirm simply by isolating a specific quantum of supporting evidence.” Id. (cleaned up). “Where evidence is susceptible to more than one rational interpretation, it is the ALJ’s conclusion that must be upheld.” Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005); Fair v. Bowen, 885 F.2d 597, 604 (9th Cir. 1989) (“But, as we reiterate in nearly every case where we are called upon to review a denial of benefits, we are not triers of fact.”).5 The Court may affirm an ALJ’s decision even if they made an error, “so long as the error was harmless, meaning it was inconsequential to the ultimate nondisability determination.” Ford v. Saul, 950 F.3d 1141, 1154 (9th Cir. 2020). Additionally, “[w]e review only the reasons provided by the ALJ in the disability determination and may not affirm the ALJ on a ground upon which he did not rely.” Garrison, 759 F.3d at 1010. 5 In Defendant’s Response brief, Defendant attributes the following quote to Bowen: “[A]court ‘may not substitute its judgment for that of the [ALJ].’” (Doc. 28 at 4.) This quote does not appear anywhere in Bowen. See generally Fair v. Bowen, 885 F.2d 597 (9th Cir. 1989). Counsel for Defendant is reminded of their Rule 11 obligations when they submit a document to the Court. See Fed. R. Civ. P. 11(b). Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 5 of 13
- 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. Discussion. There are two issues to be addressed by this Court. First, whether the ALJ committed harmful legal error when it rejected the assessment from Plaintiff Lawson’s treating neurologist, Dr. Saperstein, and failed to provide specific, clear, and convincing reasons to reject Plaintiff’s symptom testimony. Second, whether remand for further proceedings or for payment of benefits is apt under the credit-as-true standard. A. Legal Error. Both Parties submit, and the Court agrees, that the ALJ committed harmful legal error by improperly rejecting Dr. Saperstein’s opinion and Plaintiff Lawson’s testimony. Under 20 C.F.R. § 404.1520c, the ALJ must “articulate how persuasive it finds all of the medical opinions from each doctor or other source, and explain how it considered the supportability and consistency factors in reaching these findings.” Woods v. Kijakazi, 32 F.4th 785, 792 (9th Cir. 2022) (citing 20 C.F.R. § 404.1520c(b)) (cleaned up). Regarding an individual’s own testimony: When an [ALJ] determines that a claimant for Social Security benefits is not malingering and has provided objective medical evidence of an underlying impairment which might reasonably produce the pain or other symptoms she alleges, the ALJ may reject the claimant’s testimony about the severity of those symptoms only by providing specific, clear, and convincing reasons for doing so. Brown-Hunter v. Colvin, 806 F.3d 487, 488–89 (9th Cir. 2015). The ALJ failed to fulfill either requirement. First, as both Parties assert, the ALJ failed to address the consistency factors to discredit Dr. Saperstein’s opinion. See (doc. 27 at 19) (Plaintiff noting that “[t]he ALJ committed materially harmful error by rejecting the assessments from Dr. Saperstein without providing sufficient explanation that included . . . failing to explain the consideration of the supportability and consistency factors under the agency’s regulations”); see also (doc. 28 at 6) (Defendant noting that “[t]he ALJ therefore did not articulate the consistency of Dr. Saperstein’s opinions as required by the applicable regulations”). Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 6 of 13
- 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Second, both Parties find that the ALJ’s rejection of Plaintiff’s testimony regarding her conditions was in error for failure to provide specific, clear, and convincing reasons for doing so. See (doc. 27 at 24–30) (Plaintiff noting in the heading of section B that “[t]he ALJ committed materially harmful error by rejecting Lawson’s symptom testimony in the absence of specific, clear, and convincing reasons supported by substantial evidence”); see also (doc. 28 at 10) (Defendant noting in the first paragraph of section B that “[t]he ALJ here only clearly discounted Plaintiff’s symptom testimony based on objective evidence, without plainly identifying other reasons for rejecting the testimony”). Because this matter is not in dispute by the Parties,6 and because the ALJ committed harmful legal error by improperly rejecting Dr. Saperstein’s opinion and Plaintiff Lawson’s testimony, the Court recommends that the ALJ’s decision be reversed and remanded. B. Credit-as-True Standard. The issue in dispute is whether this matter should be remanded for further proceedings or for payment of benefits under the credit-as-true standard. Generally, “the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.” Benecke v. Barnhart, 379 F.3d 587, 595 (9th Cir. 2004) (quoting Immigr. & Naturalization Servs. v. Ventura, 537 U.S. 12, 16 (2002)). However, when an ALJ has committed reversable error, the Court may “remand for further proceedings or for an award of benefits is within our discretion.” Holohan v. Massanari, 246 F.3d 1195, 1210 (9th Cir. 2001); Garrison, 759 F.39 at 1019 (“[I]n appropriate circumstances[,] courts are free to reverse and remand a determination by the Commissioner with instructions to calculate and award benefits.”). However, “[a] claimant is not entitled to benefits under the [Social Security Act] unless the claimant is, in fact, disabled, no matter how egregious the ALJ’s errors may be.” Strauss v. Comm’r of the Soc. Sec. Admin., 635 F.3d 1135, 1138 (9th Cir. 2011) (citing Briscoe ex rel. Taylor v. Barnhart, 6 See, e.g., Violet G. v. Kijakazi, No. 21-CV-2105 (TNL), 2023 WL 2696594, at *6 (D. Minn. Mar. 29, 2023) (“It is undisputed that the ALJ did not address the supportability factor when considering the persuasiveness of Dr. Dickens’ opinion as required by 20 C.F.R. §§ 404.1520c and 416.920c. The ALJ’s failure to do so is a legal error that warrants remand.”) (cleaned up). Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 7 of 13
- 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 425 F.3d 345, 357 (7th Cir. 2005) (“Obduracy is not a ground on which to award benefits; the evidence properly in the record must demonstrate disability.”)). To determine whether it is appropriate to remand back to the ALJ to calculate and award benefits, the Court applies the credit-as-true standard, which requires that: (1) the record has been fully developed and further administrative proceedings would serve no useful purpose; (2) the ALJ has failed to provide legally sufficient reasons for rejecting evidence, whether claimant testimony or medical opinion; and (3) if the improperly discredited evidence were credited as true, the ALJ would be required to find the claimant disabled on remand. Garrison, 759 F.3d at 1020. In evaluating a claimant’s case under the credit-as-true analysis, the Court “consider[s] whether the record as a whole is free from conflicts, ambiguities, or gaps, whether all factual issues have been resolved, and whether the claimant’s entitlement to benefits is clear under the applicable legal rules.” Treichler v. Comm’r of the Soc. Sec. Admin., 775 F.3d 1090, 1103–04 (9th Cir. 2014). Accordingly, where it is “clear from the [AR] that the ALJ would be required to award benefits if the claimant’s” proffered evidence was credited-as-true, the Court “may remanded for an award of benefits instead of further proceeding[s.]” Id. at 1100. In analyzing whether remanding for award of benefits is proper in this case, the Court finds the U.S. Court of Appeals for the Ninth Circuit’s decision in Trevizo v. Berryhill instructive. In Trevizo, the Ninth Circuit analyzed whether to remand for benefits or further proceedings where the ALJ had “failed to provide legally sufficient reasons for rejecting the informed medical opinion of Trevizo’s primary treating physician.” Trevizo v. Berryhill, 871 F.3d 664, 683 (9th Cir. 2017). In the case, the Court found that Trevizo had suffered from a myriad of impairments7 and was hospitalized on several occasions— 7 See, e.g., Trevizo v. Berryhill, 871 F.3d 664, 669 (9th Cir. 2017) (“Trevizo suffers from uncontrolled Type II diabetes, psoriasis, hypertension, high cholesterol, chronic lumbago, invertebral disc degeneration, psoriatic arthritis, and mild scoliosis. Since 2008 she has also experienced migraines, Achilles tendinitis, heel and Achilles bone spurs, vaginitis, urinary tract infections, pelvic inflammatory disease, fatigue, weakness, and several bouts of conjunctivitis. Her past surgeries include carpal tunnel surgery on both wrists, a hysterectomy, gallbladder removal, an appendectomy, partial intestinal surgery, and a colonoscopy in which a large polyp was removed. In March 2012, Trevizo was Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 8 of 13
- 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 much like Plaintiff Lawson. See id. at 669. And, similarly to the present litigation, the ALJ denied that Trevizo had a disability, wrongly discrediting her treating physician. See id. at 674, 677. The Court of Appeals, finding that the record was “extensive,” that the ALJ committed legal error rejecting the treating physician’s opinions, and that there was “no serious doubt” she was disabled, accordingly remanded the case to the ALJ for the calculation and award of benefits. Id. at 682–83 (cleaned up). Now, it is of course true that Trevizo and the case at hand are not carbon copies of one another. For example, Trevizo was 65 years old whereas Lawson is currently 39 years old. See id. at 668. But such age difference has not precluded the U.S. Court of Appeals for the Ninth Circuit from remanding a case for calculation and award of benefits in the past. See, e.g., Newton v. Saul, 839 F.App’x 178, 179 (9th Cir. 2021) (remanding for calculation and award of benefits, and noting that “[e]ven though the claimant in Trevizo was older than Claimant is . . . , a younger age alone does not preclude an award of benefits.”). Based on the facts of the case and Ninth Circuit precedent, the Court concludes that the present case satisfies all three credit-as-true standards. On the first element, Defendant alleges that: (1) the AR is not fully developed as there are conflicting opinions from the state agency medical consultants; and (2) Dr. Saperstein did not conduct a tilt table test for Plaintiff’s POTS. (Doc. 28 at 7–9.) In response, Plaintiff asserts that conflicting medical opinions in light of the consistent medical opinion of the agency’s non-examining reviewer “do[es] not overwhelmingly support remand for further proceedings over payment of benefits” as conflicting medical opinions “exist in almost every Social Security case . . . .” (Doc. 29 at 7.) Additionally, regarding the fact that Dr. Saperstein did not conduct a tilt table test, Plaintiff asserts that “the extensive course of treatment [Dr. Saperstein] ordered provided underlying support for the assessed limitations as they relate to POTS, even in the absence of confirmation via tilt table tests.” (Id.) The Court agrees with Plaintiff. In the case at hand, the over 6,000-page AR is replete with evidence supporting the opinions of Dr. Saperstein and Plaintiff’s own testimony. The AR is clear that the Plaintiff admitted to the emergency department complaining of chest pain, and she was released upon treatment. Throughout this period Trevizo has been severely or morbidly obese.”). Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 9 of 13
- 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 has continuously complained of a plethora of symptoms related to conditions such as Postural Orthostatic Tachycardiac Syndrome (“POTS”),8 Ehlers Danlos Syndrome (“EDS”),9 and Mast Cell Activation Syndrome (“MCAS”),10 and was treated for those conditions. Beyond these complaints, the record details the numerous hospitalizations and doctors’ visits Plaintiff had since her AOD. Most importantly, Dr. Saperstein’s “opinion is developed and substantiated by his long-term treatment relationship with” Lawson, much like in Trevizo. Trevizo, 871 F.3d at 683. Therefore, remand for further administrative proceedings would serve no useful purpose as the record has been fully developed. The other two credit-as-true factors are also satisfied in this case. Regarding the second factor, for the reasons noted above, it is clear—and no Party disputes—that the ALJ committed harmful legal error in discrediting Dr. Saperstein’s opinion and Plaintiff’s own testimony. And, in crediting the improperly discredited evidence as true, Plaintiff is disabled under the Social Security Act. Specifically, by crediting as true Dr. Saperstein’s opinion on Plaintiff’s limitations,11 it is clear that she is disabled, because the vocational 8 (AR at 280, 921–33, 940, 1059–60, 1069, 2069, 2074, 3445–46, 3452, 3565, 3716, 3906, 5967, 5973, 5979, 5985.) 9 (AR at 925–26, 2069, 2074, 3445, 3565, 4134–53, 4749–50, 5973, 5979, 5985.) 10 (AR at 3445–46, 3565, 5967, 5973, 5979, 5985.) 11 Specifically: [Patient (“PT”)] is clearly disabled and has extensive limitations. Pt is incapable of even a low stress job. The pt is only able to sit for about 20 mins at a time and less than 2 hours total in a day. Pt can stand/walk for less than 5 mins at one time and less than 2 hours total in a day, but symptoms such as severe pain, exhaustion, weakness, etc. are exacerbated. Pt must lay down regularly throughout the day to rest. Pt can lift about 10 pounds occasionally and nothing repetitive. Pt is currently limited on outings due significant triggers that exacerbate their complex symptoms. Pt struggles with multiple ADLs and requires the assistance of others for multiple activities including, but not limited to cooking, preparation of food, cleaning, and more. Pt shows inability to work due to the incapability to focus due to multiple, complex disabling conditions such as significant pain and other debilitating symptoms. Pt spends a significant portion of their week . . . seeing the many medical providers for their disabling conditions and the rest of the time is recovering from those appointments. Pt is continuing to work hard with their health care, but at this time would be unable to manage working even a part time position. The pts conditions are chronic and lifelong requiring regular and consistent treatment with a variety of medical professionals. While Pt may go into remission with some of their symptoms it is unlikely, they will ever be able to work and will remain disabled. It is not just one disabling condition, but multiple disabling conditions that cause numerous complications that correlate with each other causing significant Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 10 of 13
- 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expert testified that someone with such limitations would be unable to find work.12 Further, the Court finds Plaintiff is entitled to benefits because the presence of conflicting opinion and the lack of a tilt table test are insufficient to create a factual dispute precluding immediate award of benefits. First, conflicting medical opinions have not precluded remanding for calculation and award of benefits in the past. See, e.g., Holohan v. Massanari, 246 F.3d 1195, 1205–06, 1210–11 (9th Cir. 2001) (remanding for award of benefits even where the record reflected five examining physicians, two of which supported claimant’s claim of disability); Hendrix v. Comm’r of the Soc. Sec. Admin., No. CV-23- 01113-PHX-DLR, 2025 WL 829786, at *3 (D. Ariz. Mar. 17, 2025) (remanding for calculation and award of benefits in light of conflicting medical opinions because “[t]he other medical opinions available assess different limitations, but they d[id] not address [claimant’s] chronic vomiting at all”). Second, the lack of a tilt table test alone appears insufficient to ignore the corpus of evidence showing Plaintiff’s limitations, from her own medical records to the opinions of Dr. Saperstein. See, e.g., Wengraf v. Comm’r of Soc. Sec. Administration, No. CV-23-01853-PHX-JJT, 2024 WL 3948519 (D. Ariz. Aug. 27, 2024) (remanding for calculation and award of benefits, even where there was conflicting evidence, because “the record is fully and extensively developed, such that further proceedings would be unproductive”). Because the combination of Plaintiff Lawson’s severe impairments would preclude complications. (AR at 4125–26.) 12 The Court finds the following testimony by the vocational expert informative: Q. Thank you. And if I were to add on the Claimant needed to be off task for more than ten percent of the workday or would miss two or more days per month, would those or any other jobs be performable? A. Your Honor, there’s nothing in the DOT about absenteeism or being off task, but in my experience there would be no work for such individual. * * * Q. Okay. And if the Claimant had to lay down three times during the day for at least ten minutes, would they be able to perform competitive work? A. I think [that] would be disruptive. And there’s nothing in the DOT about that but I would think that would be disruptive to the worksite to a degree that employers would not be able to accommodate that. (AR at 57–58.) Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 11 of 13
- 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 her from doing her previous work and preclude her from “engag[ing] in any other kind of substantial gainful work which exists in the national economy,” 42 U.S.C. § 423(d)(2)(A), the Court finds that she is a disabled individual under the Social Security Act. To remand for further proceedings in this case “would be unduly burdensome” for Plaintiff who has sought SSDI benefits since October of 2018, see Terry v. Sullivan, 903 F.2d 1273, 1280 (9th Cir. 1990), and “would create an unfair ‘heads we win; tails, let’s play again’ system of disability benefits adjudication.” Benecke, 379 F.3d at 595. V. Conclusion. For the foregoing reasons, the Court finds that the ALJ committed harmful legal error when he improperly discredited Plaintiff’s treating neurologist’s opinions and rejecting Plaintiff’s symptom testimony. Furthermore, the Court finds—in crediting said evidence as true—that Plaintiff is disabled under the meaning of the Social Security Act. Therefore, the Court recommends that the ALJ’s decision be reversed and remanded for calculation and award of benefits. Accordingly, // // // // // // // // // // // // // Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 12 of 13
- 13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS RECOMMENDED that the April 9, 2024, decision of the ALJ be REVERSED, and this matter be REMANDED for the calculation and award of benefits. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court’s judgment. The parties shall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72. Thereafter, the parties have 14 days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge’s Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party’s right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge’s Report and Recommendation. See Fed. R. Civ. P. 72. Dated this 20th day of November, 2025. Honorable John Z. Boyle United States Magistrate Judge Case 2:24-cv-03149-KML Document 30 Filed 11/20/25 Page 13 of 13
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