4:25-cv-00090•Yun 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Nicole Yun, Plaintiff, v. Commissioner of Social Security Administration, Defendant. No. CV-25-00090-TUC-JAS (BGM) REPORT AND RECOMMENDATION Pursuant to 42 U.S.C. § 405(g), Plaintiff Nicole Yun seeks judicial review of a final decision by the Commissioner of Social Security. (Doc. 1.) This matter was referred to Magistrate Judge Bruce G. Macdonald for a report and recommendation and has been fully briefed. (See Docs. 11, 17, 19, 20.) Based on the administrative record (AR) and the parties’ briefs, the Magistrate Judge recommends that the District Judge, upon his independent review, grant Plaintiff’s complaint, reverse the Commissioner’s decision, and remand the matter for the calculation and award of benefits. PROCEDURAL HISTORY On February 13, 2023, Plaintiff filed an application for disability insurance benefits under Title II of the Social Security Act (the Act). (AR 215-27.) Plaintiff alleged she had been disabled and unable to work since December 15, 2022, due to anxiety and depression, fibromyalgia, knee and back pain, migraine headaches, memory and concentration problems, hypoglycemia, hypothyroidism, and gastrointestinal issues. (AR 215, 219.) Prior to December 2022, Plaintiff worked as an accountant for approximately fifteen years. Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 1 of 23
- 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 (AR 226.) Plaintiff’s disability application was denied upon initial review, (AR 101-10), and upon reconsideration, (AR 1-7). After denial of reconsideration, Plaintiff requested a hearing before an administrative law judge (ALJ). (AR 141-42.) Administrative Hearing On May 7, 2024, Plaintiff’s administrative hearing was held. (AR 80.) After the hearing, ALJ Vivian McAneney found that Plaintiff had the severe impairments of anxiety, depression, osteoarthritis of the knees, fibromyalgia, myofascial pain syndrome, cervical spondylosis, and cervical/thoracic/lumbar enthesopathy. (AR 19.) The ALJ determined that Plaintiff had the residual functional capacity (RFC) to perform sedentary work with limitations. (AR 24.) The ALJ also determined that Plaintiff could perform work that existed in significant numbers in the national economy. (AR 34-35.) The ALJ concluded that Plaintiff was not disabled under the Act. (AR 35.) The Appeals Council subsequently denied Plaintiff’s request for review. (AR 1.) District Court Complaint On February 21, 2025, Plaintiff filed the complaint at hand requesting that the Court find her disabled or remand the case to the Commissioner for further proceedings. (Doc. 1 at 2.) Plaintiff asserts that the ALJ’s conclusions and factual findings are unsupported by substantial evidence and erroneous. (Id.) On March 6, 2025, this case was referred to the undersigned Magistrate Judge for a report and recommendation. (Doc. 11.) On April 21, 2025, the Commissioner filed the administrative record. (Docs. 12-14.) On July 7, 2025, Plaintiff filed her opening brief. (Doc. 17.) On August 6, 2025, the Commissioner filed his answering brief, (Doc. 19); and on August 20, 2025, Plaintiff filed her reply, (Doc. 20). This Report and Recommendation follows. BACKGROUND Born in June 1977, Plaintiff was forty-five years old when she filed for disability insurance benefits. (AR 215.) Plaintiff has a high school diploma and earned a bachelor’s degree in business administration. (AR 85, 628.) For nearly fifteen years, Plaintiff worked as an accountant for several large accounting firms. (AR 226.) Despite her continuous Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 2 of 23
- 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 employment history, Plaintiff has suffered from severe medical conditions since as early as adolescence. (See e.g., AR 767.) Plaintiff reported experiencing depression since the age of twelve, (id.); and her medical records reflect she has been prescribed a number of antidepressants over the past twenty years, (AR 691, 718, 767, 1609, 1615-16).1 Over a similar period of time, Plaintiff has suffered from lower back pain, (AR 392, 713), fibromyalgia, (AR 379, 381), osteoarthritis of the knees, (AR 65, 365), chronic migraines, (AR 365, 382), lumbar spondylosis, (AR 365, 382), spinal enthesopathy, (AR 380, 695), and self-reported periods of cognitive decline, (AR 503, 635). Plaintiff has also undergone a spinal diskectomy, (AR 391), total knee arthroplasty, (AR 47), and cortisone and gel knee injections, (AR 392). CLAIM EVALUATION To determine whether a claimant is disabled under the Act, an ALJ follows a five- step sequential evaluation. Ford v. Saul, 950 F.3d 1141, 1148 (9th Cir. 2020). The burden of proof is carried by the claimant at steps one through four. Id. At step one, the ALJ determines whether the claimant is engaged in “substantial gainful activity.” Bowen v. Yuckert, 482 U.S. 137, 140 (1987). Substantial gainful activity is “work done for pay or profit that involves significant mental or physical activities.” Ford, 950 F.3d at 1148 (quoting 20 C.F.R. 404.1520(a)(4)(i)). If the claimant is not engaged in substantial gainful activity, the evaluation proceeds to step two. Bowen, 482 U.S. at 140. At step two, the ALJ determines whether the claimant has a “medically severe impairment or combination of impairments.” Id. at 140-41. An impairment is “severe” if it significantly limits the claimant’s “physical or mental ability to do basic work activities.” Ford, 950 F.3d at 1148 (quoting 20 C.F.R. § 404.1522(a)). If the claimant has a medically severe impairment or combination of impairments, the evaluation proceeds to step three. Bowen, 482 U.S. at 141. At step three, the ALJ determines whether the medically severe impairment meets or equals one of the Act’s listed impairments. Id. If the severe 1 Plaintiff was prescribed Prozac from 2006 to 2012; Seroquel in 2011; Cymbalta and Wellbutrin in 2013; Depakote in 2014; Xanax in 2020; Abilify, BuSpar, Pristiq, and Trazadone in 2023; and Effexor in 2024. Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 3 of 23
- 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 impairment does not meet or equal one of the listed impairments, the evaluation proceeds to step four. Id. Between steps three and four, the ALJ assesses the claimant’s residual functional capacity. Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222-23 (9th Cir. 2009). A claimant’s residual functional capacity is what the claimant can do despite her physical and mental limitations. 20 C.F.R. § 404.1545(a)(1). At step four, the ALJ determines whether the severe impairment prevents the claimant from performing her past work. Bowen, 482 U.S. at 141. If the claimant cannot perform her past work, the evaluation proceeds to step five. Id. at 142. At step five, the burden shifts to the ALJ to show that the claimant is able to perform other work in the national economy in view of her age, education, work experience, and RFC. Tackett v. Apfel, 180 F.3d 1094, 1100 (9th Cir. 1999). The ALJ’s decision becomes the Commissioner’s final decision if the Appeals Council denies a request for review. Sims v. Apfel, 530 U.S. 103, 106-07 (2000). ADMINISTRATIVE DECISION At step one of the five-step sequential disability evaluation, the ALJ determined that Plaintiff had not engaged in substantial gainful activity since her December 15, 2022 application date. (AR 19.) At step two, the ALJ found that Plaintiff had the medically determinable severe impairments of osteoarthritis of the knee, fibromyalgia, myofascial pain syndrome, cervical spondylosis, cervical/thoracic/lumbar enthesopathy, anxiety, and depression. (Id.) At step three, the ALJ determined that Plaintiff’s impairments did not meet or medically equal one of the listed impairments under the Act. (AR 21.) The ALJ next assessed that Plaintiff had the RFC to perform sedentary work with limitations. (AR 24.) The limitations were that Plaintiff could perform routine tasks with detailed but uninvolved instructions; she could have no contact with the public, incidental interactions with coworkers, and occasional interactions with supervisors; and Plaintiff could encounter occasional changes in work processes or tasks. (Id.) At step four, the ALJ determined that Plaintiff was unable to perform any past relevant work. (AR 34.) At step five, the ALJ concluded that there were jobs that existed in significant numbers in the national economy that Plaintiff could perform such as optical assembler, toy and equipment assembler, and Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 4 of 23
- 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 grader/sorter. (AR 35.) The ALJ therefore determined that Plaintiff was not disabled. (Id.) LEGAL STANDARD Federal court review of social security decisions is limited. Treichler v. Comm'r of Soc. Sec. Admin., 775 F.3d 1090, 1098 (9th Cir. 2014). The Commissioner’s denial of benefits may be set aside only when his findings are “based on legal error or are not supported by substantial evidence in the record as a whole.” Schneider v. Comm'r of Soc. Sec. Admin., 223 F.3d 968, 973 (9th Cir. 2000). “Substantial evidence is more than a mere scintilla but less than a preponderance—it is such relevant evidence that a reasonable mind might accept as adequate to support the conclusion.” Orteza v. Shalala, 50 F.3d 748, 749 (9th Cir. 1995). In determining whether the Commissioner’s findings are supported by substantial evidence, courts are to consider the record as a whole, “weighing both the evidence that supports and the evidence that detracts from the Commissioner’s conclusion.” Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998). Where the evidence is susceptible to more than one rational interpretation, the decision of the Commissioner must be upheld. Andrews v. Shalala, 53 F.3d 1035, 1039-40 (9th Cir. 1995). The court reviews only those issues raised by the challenging party when deciding whether to reverse the Commissioner’s decision. Lewis v. Apfel, 236 F.3d 503, 517 n.13 (9th Cir. 2001). DISCUSSION Plaintiff argues that the Commissioner’s disability determination was erroneous for three reasons. (Doc. 17 at 2.) She asserts the ALJ erred by: (i) improperly evaluating her symptom testimony; (ii) improperly rejecting Dr. Nicole Newingham’s medical opinion; and (iii) failing to include moderate mental limitations in the residual functional capacity assessment and her hypothetical question to the vocational expert. (Id. at 17-28.) Plaintiff requests that the Court find that she is entitled to disability insurance benefits or remand her case for further administrative proceedings. (Doc. 1 at 2.) The Court finds that the ALJ improperly rejected Plaintiff’s symptom testimony, failed to support her rejection of Dr. Newingham’s medical opinion with substantial evidence, and failed to include moderate mental limitations in Plaintiff’s RFC and the ALJ’s hypothetical question to the Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 5 of 23
- 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 vocational expert. The ALJ’s disability determination should be vacated and Plaintiff’s case remanded for the calculation and award of benefits. I . Symptom Testimony Improperly Discounted Plaintiff first argues that the ALJ erred by failing to properly evaluate her symptom testimony. (Doc. 17 at 20-24.) The Court agrees. When a claimant has a medically determinable impairment that could reasonably be expected to produce the pain or other symptoms alleged, and the record fails to contain evidence of malingering, the ALJ can reject the claimant’s testimony about the severity of her symptoms “only by offering specific, clear and convincing reasons for doing so.” Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir. 1996). The clear and convincing standard is the most demanding required in Social Security cases. Garrison v. Colvin, 759 F.3d 995, 1015 (9th Cir. 2014). Under this standard, the ALJ must identify what testimony is not credible and provide evidence that undermines those specific claims. Ghanim v. Colvin, 763 F.3d 1154, 1163 (9th Cir. 2014). The findings, “properly supported by the record, must be sufficiently specific to allow a reviewing court to conclude the adjudicator rejected the claimant's testimony on permissible grounds and did not arbitrarily discredit a claimant’s testimony regarding pain.” Bunnell v. Sullivan, 947 F.2d 341, 345-46 (9th Cir. 1991) (cleaned up). If the ALJ fails to provide specific, clear, and convincing reasons for discounting a claimant’s symptom testimony, then her determination is not supported by substantial evidence. Ferguson v. O’Malley, 95 F.4th 1194, 1199 (9th Cir. 2024). A. Plaintiff’s Symptom Testimony On May 7, 2024, Plaintiff testified at length about the severity of her symptoms. (AR 87-96.) Plaintiff began by confirming that since December 2022, she had been approved for private short-term and long-term disability benefits through her previous employer. (AR 87.) Plaintiff stated that her major depressive disorder, generalized anxiety disorder, chronic knee, hip, and back pain, and migraine headaches prevent her from being a functioning employee. (Id.) Plaintiff testified that her depression negatively affects her energy level, mood, focus, and concentration. (AR 88.) Plaintiff recalled that there are Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 6 of 23
- 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 days when she cannot get out of bed, does not bathe, has difficulty completing household chores, and gets easily irritated and confused. (AR 88, 94.) She also testified that despite her recent left knee replacement surgery, her knees cause her a great deal of pain, her right knee needs to be replaced, and her knees make it impossible to stand or walk for continuous periods of time. (AR 89.) Plaintiff explained that walking, standing, lifting, and bending inflames her back and that the inflammation makes simple tasks like driving or doing laundry take longer than normal. (AR 91.) Plaintiff stated that when she has a migraine headache, she goes to her bedroom, shuts the blinds, places an ice pack on her face, takes her medication, and lays in the dark. (AR 93.) When pressed by the ALJ, Plaintiff estimated she could stand 5 minutes before needing to sit, walk 10 minutes at most, and lift a 10-pound box once or twice per day. (AR 90-91.) Plaintiff also testified that she spends ninety percent of the day laying down. (AR 94.) B. Skewed Record Analysis In analyzing the severity of Plaintiff’s symptoms, the ALJ dissected discrete parts of Plaintiff’s longitudinal medical history to create an inaccurate portrayal of the severity of Plaintiff’s symptoms. (See AR 25-31.) For example, to refute the severity of Plaintiff’s right knee pain, which Plaintiff described as “chronic,” “sharp,” and “stabbing,” (AR 87, 89), the ALJ referenced a single December 13, 2022 orthopedic note. (AR 25). Based on the note, the ALJ concluded: Orthopedic notes from December 13, 2022, show that the claimant’s right knee pain was not severe in intensity. It did not substantially limit her activities of daily living. Walking tolerance was not significantly reduced. Pain and restriction of function were tolerable. She was found not to be an appropriate candidate for knee replacement. (Id.) (internal citation omitted). The ALJ’s conclusion was one-sided because she failed to mention portions of the same record that indicated that “[r]ight knee pain” was one of the primary reasons for Plaintiff’s visit and that x-rays of Plaintiff’s right knee demonstrated “significant Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 7 of 23
- 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 degenerative joint disease of the knee.” (AR 654-55.) The ALJ also failed to mention contemporaneous medical records that indicated Plaintiff’s “knees are clearly that of a[n] arthritic elderly person and should be treated as such,” (AR 65), and more recent medical records indicating Plaintiff’s right knee has “advanced bone-on-bone arthritis” with “complete loss of the medial joint space, sclerotic bone, and osteophytes,” (AR 47). The ALJ further failed to acknowledge that while Dr. Deirmengian, Plaintiff’s orthopedic surgeon, initially documented that Plaintiff was not an appropriate candidate for right knee replacement surgery, (AR 655), subsequent notes from his office indicated that Plaintiff was “tentatively scheduled” for right knee surgery in November 2023, (AR 664). C. Medical History Mischaracterization In addition to erroneously rejecting the severity of Plaintiff’s symptom testimony by cherry-picking Plaintiff’s longitudinal medical history, the ALJ also mischaracterized Plaintiff’s records to minimize her symptoms. For example, to summarize the severity of Plaintiff’s musculoskeletal impairments, the ALJ determined: [Plaintiff’s] left knee was problematic such that [she]underwent a total knee arthroplasty in May 2023. She demonstrated improvement, and she does not use an assistive device for ambulation. With respect to her spine, she has ongoing pain in the lumbar region and groin, but her medication regimen improved functionality and activities of daily living to 50 percent improvement. (AR 31.) The Court agrees with Plaintiff’s contention that while she may have demonstrated temporary improvement after knee replacement surgery, Plaintiff’s longitudinal medical history demonstrates that her improvement was short lived. (Doc. 17 at 17-18.) Plaintiff’s post-operative physical therapy notes indicate ongoing pain, numbness, and reduced flexibility in her left knee. (AR 677-78, 681-84, 688-89.) Another progress note indicates that Plaintiff had “a long recovery” due to knee and thigh pain; that she complained of significant groin pain after surgery; and that in addition to groin pain, Plaintiff continued Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 8 of 23
- 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 to have pain in the lumber and midthoracic regions of her spine. (AR 748.) Further medical documentation reveals that Plaintiff suffered a post-operative labral tear of her left hip joint and experienced persistent hip pain, tenderness of the iliopsoas, and a noticeable limp. (AR 783, 1086). An August 4, 2023 record from Dr. Daniel Skubick indicates Plaintiff has — “at most”—50% pain relief with medication and that “medications improved [her] functionality and activities of daily living to 50%” when taken. (AR 742.) That assessment is not the same as the 50% improvement in daily living activities that the ALJ contends. D. Unsupported Symptom Evaluation In addition to mischaracterizing Plaintiff’s medical documentation to improperly discredit the severity of Plaintiff’s physical symptoms, the ALJ failed to support her characterization of Plaintiff’s mental health condition and symptoms with substantial evidence. For example, the ALJ determined: Regarding mental functioning, the claimant’s history shows assessments of major depressive disorder and anxiety. Prior to the alleged onset date, she declined medication/therapy for depression. She was taking Xanax for anxiety. Although it reportedly was not well controlled, she declined further evaluation with behavioral health/therapy. (AR 27) (internal citation omitted). The ALJ’s finding begins with the unfounded assertion that “[p]rior to the alleged onset date, [Plaintiff] declined medication/therapy for depression.”2 (Id.) The assertion is belied by medical records documenting Plaintiff’s extensive antidepressant medication history, (see, e.g., AR 363, 509, 1472), including a psychiatric progress note that explicitly states Plaintiff “[s]tarted antidepressants in her late teens …. including Zoloft, Prozac, [and] Lexapro,” and she was on the medications “long term but stopped because they were not helping,” (AR 1623). Moreover, one of the two medical records that the ALJ references to support her medication noncompliance assertion indicates that Plaintiff previously took antidepressants and experienced “[n]o improvement with multiple SSRI’s in the past.” 2 Plaintiff’s alleged disability onset date is December 15, 2022. (AR 215.) Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 9 of 23
- 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 (AR 509.) The ALJ follows her erroneous finding with another selective determination that while Plaintiff was taking medication for anxiety, the anxiety was not well controlled and Plaintiff “declined further evaluation with behavioral health/therapy.” (AR 27.) This determination omits the relevant portion of the supporting record that explains that Plaintiff declined further evaluation because she tried behavioral health and/or therapy in the past without success. (AR 509.) Finally, the ALJ’s summary of mixed-result psychiatric notes, (see AR 27-31), followed by the cursory conclusion that Plaintiff’s “mental status findings are otherwise consistently unremarkable,” (AR 31), fails to constitute the specific, clear, and convincing evidence required to appropriately reject a claimant’s symptom testimony. See Smartt v. Kijakazi, 53 F.4th 489, 499 (9th Cir. 2022) (cleaned up) (“[T]he clear and convincing standard requires an ALJ to show his work”); Brown-Hunter v. Colvin, 806 F.3d 487, 494 (9th Cir. 2015) (finding harmful error where ALJ failed to identify testimony she found not credible and “link that testimony to the particular parts of the record supporting her non-credibility determination”). The ALJ’s selective reference to minimizing medical documentation, her omission of relevant evidence in Plaintiff’s longitudinal medical history, and her mischaracterization of Plaintiff’s medical records to improperly discount Plaintiff’s symptom testimony constitutes reversible error. See Lannon v. Comm'r of Soc. Sec. Admin., 234 F. Supp. 3d 951, 960 (D. Ariz. 2017) (remanding for benefits after proclaiming ALJs must review the entire record and cannot cherry-pick evidence to support findings). The same can be said for the ALJ’s failure to support her symptom rejection with substantial evidence. See Attmore v. Colvin, 827 F.3d 872, 879 (9th Cir. 2016) (remanding for benefits where ALJ erroneously focused on temporary periods of claimant’s improvement that were not representative of continuing severity of symptoms); Garrison, 759 F.3d at 1018 (remanding for benefits after observing ALJ improperly singled out temporary periods of well-being to discredit claimant). As such, the Commissioner’s disability determination should be reversed and Plaintiff’s case remanded for the calculation and award of benefits. Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 10 of 23
- 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 E. Counterarguments Unavailing In response to Plaintiff’s argument that the ALJ improperly discounted her symptom testimony, the Commissioner asserts that Plaintiff’s disagreement with the ALJ’s interpretation of evidence is insufficient to establish error, that Plaintiff’s failure to quickly recover from her total knee replacement surgery was her own fault, and that Plaintiff’s daily living activities serve to undermine the severity of her symptoms. (Doc. 19 at 4-8.) The Commissioner’s arguments are unavailing because as the previous examples clearly demonstrate, the ALJ blatantly ignored or misconstrued relevant evidence to minimize Plaintiff’s symptom testimony. The Commissioner’s assertions that Plaintiff’s symptoms were a result of her noncompliance with a home exercise program and that her daily living activities undermine the veracity of her testimony are post-hoc rationalizations that the ALJ never mentioned in her decision and are raised for the first time on appeal. (See AR 26-31); Bray v. Comm'r of Soc. Sec. Admin., 554 F.3d 1219, 1225 (9th Cir. 2009) (“Long-standing principles of administrative law require us to review the ALJ’s decision based on the reasoning and factual findings offered by the ALJ—not post hoc rationalizations that attempt to intuit what the adjudicator may have been thinking.”). As such, the Commissioner’s counterarguments are meritless and should be denied. II. Dr. Newingham’s Opinion Improperly Rejected Plaintiff next argues that the ALJ erred by failing to support her rejection of Dr. Newingham’s June 2023 medical opinion with substantial evidence. (Doc. 17 at 24-27.) The Court agrees. “Under the new regulations, an ALJ cannot reject an examining or treating doctor’s opinion as unsupported or inconsistent without providing an explanation supported by substantial evidence.” Kitchen v. Kijakazi, 82 F.4th 732, 739 (9th Cir. 2023) (cleaned up). “The [ALJ] must articulate how persuasive [she] finds all of the medical opinions from each doctor or other source and explain how [she] considered the supportability and consistency factors in reaching these findings.” Woods v. Kijakazi, 32 F.4th 785, 792 (9th Cir. 2022) (cleaned up). “Supportability concerns how a medical source supports a medical Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 11 of 23
- 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 opinion with relevant evidence, while consistency concerns how a medical opinion is consistent with the evidence from other medical and nonmedical sources.” Kitchen, 82 F.4th at 740 (cleaned up). For disability applications filed after March 27, 2017, “[t]here is no longer a hierarchy of medical opinions that determines how the opinions are weighed.” Id. Since an ALJ is not required to take medical opinions at face value, she may consider the quality of the explanation when determining how much weight to give an opinion. Ford v. Saul, 950 F.3d 1141, 1155 (9th Cir. 2020). “While an opinion cannot be rejected merely for being expressed as answers to a check-the-box questionnaire, the ALJ may permissibly reject check-off reports that do not contain any explanation of the bases of their conclusions.” Id. According to Plaintiff’s medical records, Dr. Newingham has been her primary care physician since June 2, 2022. (See AR 512.) On June 23, 2023, Dr. Newingham drafted a medical source statement of ability to do work-related activities for Plaintiff. (AR 659- 60.) Dr. Newingham determined that Plaintiff could sit for 0-2 hours, stand for less than 1 hour, rarely lift up to 10 pounds, and that Plaintiff’s symptoms would constantly interfere with her attention and concentration and she would likely be absent four days or more per month due to her impairments. (Id.) Dr. Newingham based her assessment on objective findings and clinical observations, which included depressed/anxious affect; slow movements; difficulty concentrating with conversation; and frequent position changes every 5 minutes secondary to pain. (AR 660.) A. Supportability Determination Unsupported By Substantial Evidence In rejecting Dr. Newingham’s medical opinion as unpersuasive, the ALJ offered the conclusory assertion that Dr. Newingham’s observations failed to adequately support the degree of limitation that she assigned to Plaintiff’s physical and mental functioning. (AR 32.) The ALJ also surmised that Dr. Newingham appeared to have relied on Plaintiff’s self-report in assessing her limitations. (Id.) The ALJ’s conclusory assertions, however, fail to constitute the substantial evidence required to reject a physician’s opinion about a claimant’s physical and mental limitations. See Embrey v. Bowen, 849 F.2d 418, 421-22 Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 12 of 23
- 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 (9th Cir. 1988) (“The ALJ must do more than offer [her] conclusions. [She] must set forth [her] own interpretations and explain why they, rather than the doctors’, are correct.”). Even under the new regulations, an ALJ cannot reject a treating doctor’s opinion as unsupported or inconsistent without providing an explanation supported by substantial evidence. Kitchen, 82 F.4th at 739; see also Baker v. Comm'r of Soc. Sec. Admin., No. CV- 21-08084, 2022 WL 2390945, at *3 (D. Ariz. July 1, 2022) (rejecting ALJ’s medical opinion evaluation where ALJ cited no record evidence to suggest opinion was unsupported and failed to articulate how the physician’s clinical observations were inconsistent or unsupported by the record). Here, the ALJ failed to reject the supportability of Dr. Newingham’s opinion in a manner that created a logical bridge between the evidence and the ALJ’s conclusion. See Maske v. Comm’r of Soc. Sec. Admin., No. CV-18-04891, 2020 WL 813768, at *5 (D. Ariz. Feb. 19, 2020) (finding error in medical opinion rejection where ALJ “failed to build a logical bridge between the evidence and her conclusion”). While the medical opinion was partially limited to check-box assessments, “assessments that are substantiated by a physician’s treatment records may be entitled to consideration that an otherwise unexplained opinion would not receive.” Id. at *4 (citing Garrison, 759 F.3d at 1013). Dr. Newingham’s treatment records are replete with reference to the severity of Plaintiff’s symptoms and conditions. (See, e.g., AR 496 (observing that Plaintiff’s recurrent major depressive disorder was “not well controlled” and that Plaintiff was “not able to work due to severe symptoms”); AR 499 (observing Plaintiff “[w]ill likely need long term disability given severity of anxiety/depression”); AR 1126 (observing significant fibromyalgia pain; Plaintiff “cannot walk/stand for more than minutes at time[;]” and worsening cognitive impairment); and AR 1469 (observing hair loss, migraines, anxiety, cognitive impairment, and severe episode of recurrent major depressive disorder).) As such, the administrative record fails to support the ALJ’s conclusory determination that Dr. Newingham’s opinion is unsupported. See Woods, 32 F.4th at 788 (quotation marks and citation omitted) (“Under the substantial-evidence standard, [reviewing courts] look to the existing administrative Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 13 of 23
- 14 - 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 record and ask whether it contains sufficient evidence to support the [ALJ’s] factual determinations.”). Finally, the ALJ’s hypothesis that Dr. Newingham relied on Plaintiff’s “self-report in assessing limitations” fails to constitute the substantial evidence required to discount a physician’s medical opinion. See Embrey, 849 F.2d at 422 (“[I]t is incumbent on the ALJ to provide detailed, reasoned, and legitimate rationales for disregarding the physicians’ findings.”); see also Ghanim, 763 F.3d at 1162 (“[W]hen an opinion is not more heavily based on a patient’s self-reports than on clinical observations, there is no evidentiary basis for rejecting the opinion.”). The Commissioner’s decision should therefore be reversed and this case remanded for the calculation and award of benefits. B. Consistency Determination Unsupported By Substantial Evidence The record also demonstrates that the ALJ erred in her consistency determination by failing to support it with substantial evidence. (See AR 32-33.) The ALJ determined that Dr. Newingham’s medical opinion was inconsistent because: (i) July 23, 2023 treatment notes show that Plaintiff reported her pain was improving; (ii) the same notes contain clinical findings that were otherwise unremarkable; (iii) the unremarkable findings are consistent with an ability to perform a range of full time sedentary work; (iv) progress notes throughout the period at issue show that Plaintiff’s associations were intact, her thought process was logical and goal directed, and there was no abnormal thought content; (v) to the extent Dr. Newingham’s medical leave letters constitute medical opinions, any statements about Plaintiff’s ability to work is an issue reserved to the Commissioner; and (vi) Dr. Newingham failed to provide articulation about the evidence that was either valuable or persuasive in accordance with 20 C.F.R. § 404.1520(c). (Id.) None of these reasons, however, constitute the requisite substantial evidence to reject a medical opinion about a claimant’s physical and mental work limitations as inconsistent. To begin, as Plaintiff argues and the Court once again finds, the ALJ cherry-picked Plaintiff’s longitudinal medical history to reject Dr. Newingham’s opinion as inconsistent. (See Doc. 17 at 25 (“[T]he ALJ’s consistency analysis … was impermissibly selective.”).) The ALJ recounted that one of Dr. Newingham’s treatment notes showed Plaintiff reported Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 14 of 23
- 15 - 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 improving pain and had a swollen left knee with healing sutures, but that Dr. Newingham’s “clinical findings were otherwise unremarkable.” (AR 32.) This determination is overly selective and mischaracterizes the evidence. Plaintiff actually reported that her “pain was improving but not great,” that her anxiety “significantly worsened since surgery,” and that she was experiencing panic attacks “all the time.” (AR 1126.) The clinical findings also indicate that Plaintiff was in “[s]ignificant pain” related to her fibromyalgia and that she could not continue with meaningful work because she could not “walk/stand for more than minutes at [a] time.” (Id.) The same progress note indicates that Plaintiff had worsening cognitive impairment, that her spinal enthesopathy was “likely contributing to [her] ongoing migraine and fibromyalgia pain,” and that her recurrent major depressive disorder was “[s]ignificantly debilitating … with cognitive changes/memory loss that is worsening.” (Id.) As such, Dr. Newingham’s treatment notes are consistent with her June 23, 2023 opinion and contradict the ALJ’s erroneous determination that the “findings are consistent with an ability to perform a range of full[-] time sedentary work.” (AR 32.) The ALJ goes on to find Dr. Newingham’s opinion inconsistent because progress notes “throughout the period at issue” are consistent with “no more than moderate limitation [in] concentration.” (AR 32.) Dr. Newingham had determined that Plaintiff’s experience of pain or other symptoms was severe enough to constantly interfere with the attention and concentration needed to perform simple work tasks and that Plaintiff would need time off because of, at least in part, her inability to concentrate on job duties. (AR 660.) To support the ALJ’s inconsistency finding, the ALJ references medical records from counselor Mary Aldrich and nurse practitioner Tiara Reid that allegedly show that Plaintiff’s associations were intact, her thought process was logical and goal directed, and she had no abnormal thought content. (AR 32.) A total review of the referenced records, however, shows consistency rather than inconsistency with Dr. Newingham’s opinion. On February 6, 2023, Mary Aldrich conducted a psychiatric diagnostic evaluation. (AR 621-24.) Aldrich observed that Plaintiff had an anxious, depressed, and frustrated mood; a tearful affect; tangential associations; racing thoughts; and that Plaintiff was easily Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 15 of 23
- 16 - 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 distracted with limited insight and had impaired occupational functioning. (AR 623-24.) Seven days later, Aldrich observed that Plaintiff had an anxious and depressed mood; weak gait; rapid/pressured speech; tangential associations; racing thoughts; and was easily distracted with limited insight. (AR 1483.) On February 23, 2023, Aldrich observed that Plaintiff had an irritable, frustrated, and depressed mood; restricted affect; weak gait; slow/halting speech; and that she was easily distracted, had poor insight, moderately impaired judgment, and impaired occupational functioning. (AR 633-34.) On subsequent psychotherapy visits throughout the period at issue, Aldrich and Reid reported Plaintiff had a depressed mood, (AR 636, 643); blunted or dysphoric affect, (AR 636, 643, 650); weak gait (AR 636, 643, 650); slow/halting speech (AR 636, 643, 650); mildly impaired memory, (AR 639, 647, 650); loose associations, (AR 643, 650); slowed thought process, (AR 636, 643, 650); was easily distracted or had difficulty sustaining attention, (AR 636, 640, 643, 647, 650); displayed poor insight and impaired judgment, (AR 636, 643, 650); and had impaired occupational functioning, (AR 637, 644, 651). As such, the ALJ’s random selection of clinical observations that indicate temporary intact associations, logical thought processes, and no abnormal thought content fails to constitute the substantial evidence required to reject as inconsistent a physician’s opinion on a claimant’s concentration and attention levels. See Ghanim, 763 F.3d at 1161-62 (ruling that isolated improved symptom observations “must be read in context of the overall diagnostic picture the provider draws”); Lester v. Chater, 81 F.3d 821, 833 (9th Cir. 1995), as amended (Apr. 9, 1996) (“Occasional symptom-free periods … are not inconsistent with disability); cf. Garrison, 759 F.3d at 1018 (ruling that the ALJ “improperly singled out a few periods of temporary well-being from a sustained period of impairment and relied on those instances” to discredit the plaintiff). Finally, the ALJ’s assertion that she can reject Dr. Newingham’s statements about whether Plaintiff is able to work because that is an issue reserved to the Commissioner is unavailing because it fails to constitute the substantial evidence required to demonstrate Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 16 of 23
- 17 - 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 Dr. Newingham’s medical opinion is unsupported or inconsistent. Under 20 C.F.R. § 404.1527, the guidelines for evaluating opinion evidence for claims filed before March 27, 2017, a medical opinion on an issue reserved to the Commissioner, i.e., whether a claimant is disabled or unable to work, is not a medical opinion. 20 C.F.R. § 404.1527(d). However, the new guidelines for evaluating opinion evidence fail to carry over that language. See 20 C.F.R. § 404.1520c. Regardless of which regulatory framework applies, while an ALJ is not bound by the uncontroverted opinions of a claimant’s physicians on the ultimate issue of disability, the ALJ “cannot reject [the opinions] without presenting clear and convincing reasons for doing so.” Matthews v. Shalala, 10 F.3d 678, 680 (9th Cir. 1993). In this case, clear and convincing reasons are supplanted by substantial evidence, see Woods, 32 F.4th at 787 (reiterating that the decision to discredit any medical opinion must simply be supported by substantial evidence), and the ALJ failed to provide substantial evidence to reject the medical opinion of Dr. Newingham. The Commissioner’s decision should therefore be reversed and this case remanded for the award and calculation of benefits. III. RFC Assessment Inconsistent with Medical Evidence Plaintiff’s final argument is that the ALJ erred by failing to account for moderate limitations in concentration, persistence, or pace (CPP) in the residual functional capacity assessment and that the ALJ also erred by failing to include all of Plaintiff’s mental functioning limitations in her hypothetical question to the vocational expert (VE). (Doc. 17 at 27-28.) The Court agrees. A claimant’s RFC is the ability to do physical and mental work activities on a sustained basis despite limitations from any impairments. 20 C.F.R. §§ 404.1545(a)(1) and 416.945(a)(1). To determine a claimant’s RFC, an ALJ must consider all relevant evidence in the record, including medical records, lay evidence, and the effects of symptoms, including pain, that are reasonably attributable to the claimant’s medical conditions. Robbins v. Soc. Sec. Admin., 466 F.3d 880, 883 (9th Cir. 2006). An RFC that fails to take into account all of a claimant’s limitations is “defective.” Valentine v. Comm'r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir. 2009). “[T]he scope of the RFC plays a crucial role Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 17 of 23
- 18 - 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 in the ALJ’s determination of whether an individual is disabled and entitled to benefits under the [Act]. Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017). In addition to assessing the claimant’s residual functional capacity, “an ALJ may pose hypothetical questions to a VE in order to determine whether employment opportunities exist in significant numbers in the national economy, given the claimant’s RFC, age, education, and work experience.” Norris v. Colvin, 160 F. Supp. 3d 1251, 1281 (E.D. Wash. 2016). Hypothetical questions posed to a VE must set out all of the claimant’s limitations and restrictions. Bray, 554 F.3d at 1228. “If an ALJ’s hypothetical does not reflect all of the claimant’s limitations, then the expert’s testimony has no evidentiary value to support a finding that the claimant can perform jobs in the national economy.” Id. (cleaned up). Hypotheticals posed to a VE are upheld as long as they are supported by substantial evidence. Martinez v. Heckler, 807 F.2d 771, 774 (9th Cir. 1986). Here, the ALJ failed to take into account all of Plaintiff’s mental functioning limitations in fashioning the RFC and in presenting her hypothetical question to the VE. The ALJ’s residual functional capacity assessment provides: [T]he undersigned finds that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) except occasional postural activities except no kneeling, crawling, orc limbing of ladders/ropes/scaffolds; occasional exposure to extreme cold, wetness, vibration, and hazards; routine tasks with detailed but uninvolved instructions; no contact with the public, incidental interactions with coworkers, and occasional interactions with supervisors; and occasional changes in work processes or tasks. (AR 24.) The ALJ fashioned an RFC and posed a hypothetical question to the VE that are not in line with the evidence in Plaintiff’s longitudinal medical history and are not supported by substantial evidence. While the RFC provides that Plaintiff is capable of completing “routine tasks with detailed but uninvolved instructions,” and the ALJ posed a hypothetical question using the same assumption, (AR 96), the administrative record includes opinions Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 18 of 23
- 19 - 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 from physicians the ALJ found to be persuasive that indicate Plaintiff has the mental capacity “to manage, understand, and complete simple one or two step tasks,” (AR 109); that she can meet “the basic mental demands to complete 1-2 step tasks on a sustained basis,” (AR 117); and that Plaintiff is limited to carrying out “very short and simple instructions,” (AR 123). The ALJ failed to explain why she omitted these limitations in fashioning the RFC and posing her hypothetical question. (See AR 33-34 (discussing the persuasive medical opinions of Drs. Melissa Franks and Timothy Ostrich).) As such, the ALJ’s RFC and hypothetical question fail to include the limitations outlined in the medical evidence and are defective and unsupported by substantial evidence. See Norris, 160 F. Supp. 3d at 1282 (ruling RFC and hypothetical question unsupported by substantial evidence where ALJ failed to incorporate all of claimant’s limitations as stated in improperly rejected opinions); Milavong v. Comm'r of Soc. Sec., No. 1:24-CV-00278, 2025 WL 553341, at *4 (E.D. Cal. Feb. 19, 2025) (“An ALJ errs when they do not explain why they did not adopt all findings or limitations from a persuasive opinion.”); Crystal K. v. Kijakazi, No. CV 23-2415, 2023 WL 12144170, at *5 (C.D. Cal. Nov. 1, 2023) (finding error where ALJ failed to account for opinion that plaintiff was limited to simple one-to- two step tasks in RFC that provided plaintiff could perform “simple, routine, and repetitive tasks” and was therefore capable of performing Level Two reasoning occupations). Additionally, as Plaintiff contends, the RFC fails to contain the moderate limitations regarding concentrating, persisting or maintaining pace that the ALJ determined at step three of the disability evaluation. (see AR 23.) While the ALJ adopted the findings of counselor Aldrich and nurse practitioner Reid that Plaintiff was easily distracted and had difficulty concentrating, (AR 23), the ALJ failed to include these limitations in the RFC or explain why the limitations were omitted. In fact, the ALJ failed to address the opinions of Reid or Aldrich at all. (See AR 17-35.) The ALJ also adopted Dr. Kyle Culver’s November 17, 2023 findings that Plaintiff was able to manage her own money and that she worked with reflection and deliberation, but she failed to include Dr. Culver’s findings that Plaintiff had impaired attention and concentration in the RFC. This was error. Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 19 of 23
- 20 - 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 In Perkins v. Colvin, 45 F. Supp. 3d 1137, 1154 (D. Ariz. 2014), the court encountered a similar situation. In Perkins, the ALJ accepted a physician’s opinion that the plaintiff had moderate limitations in concentration, persistence, and pace, but the RFC only limited the plaintiff to jobs that required the ability to perform “simple, unskilled tasks.” Id. at 1154. The court ruled that the RFC was incomplete because it did not adequately reflect the physician’s opinion regarding the plaintiff’s limitations that the ALJ had assigned great weight. Id. Here, the same can be said for the limitations given by the persuasive opinions of Drs. Franks and Ostrich. Additionally, while the ALJ determined Dr. Culver’s opinion was only “somewhat persuasive,” (see AR 33), the ALJ improperly rejected Dr. Culver’s findings that Plaintiff had moderate to marked limitations in “carry[ing] out instructions,” and the “ability to make judgments on complex work-related decisions,” (AR 772). The ALJ rejected the findings because she found the internal language used to support the determinations to be “inconsistent” with the findings. (AR 33.) This singular conclusion fails to represent the substantial evidence required to reject a physician’s medical opinion on a claimant’s mental functioning limitations. See Embrey, 849 F.2d at 421-22 (“The ALJ must do more than offer [her] conclusions. [She] must set forth [her] own interpretations and explain why they, rather than the doctors’, are correct.”). Even if the ALJ had not improperly rejected Dr. Culver’s more severe findings, the ALJ left intact Dr. Culver’s opinion that Plaintiff had “significant memory issues” and her “[f]air to guarded” prognosis “given the severity and chronicity of [Plaintiff’s] psychiatric symptoms and the impact they appear to be having on her memory.” (AR 771.) The Commissioner’s argument that the RFC accounted for Plaintiff’s moderate limitations in concentration, persistence, or pace in that it provided she was capable of “routine tasks with detailed but uninvolved instructions,” and “occasional changes in work processes or tasks” is unavailing. (Doc. 19 at 14.) The Commissioner references Terrey v. Berryhill, 696 F. App’x 831, 833 (9th Cir. 2017) (unpublished), to support his argument and for the unrelated proposition that unskilled work accounts for moderate limitations in concentration and attention. (Id. at 15.) Terry is distinguishable from the case at hand. Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 20 of 23
- 21 - 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 In Terry, the relevant medical opinion found the plaintiff had “moderately severe” limitation in his abilities to understand, carry out, and remember instructions,” “[r]espond to customary work pressures,” and “[p]erform complex tasks,” and “mild” limitation in his abilities to “relate to other people,” “[p]erform simple tasks,” and “[p]erform varied tasks,” and stated that supervision was required for the claimant to work. 696 F. App’x at 833. The ALJ in that case translated these limitations into an RFC for “simple and unskilled work” that was to be checked by a supervisor “two or three times a day.” Id. Both translations are far more restrictive than the “routine tasks with detailed but uninvolved instructions,” and “occasional changes in work processes or tasks” offered in this case. Furthermore, the Court does not interpret Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1174 (9th Cir. 2008), upon which Terry is based, to mean that any translation of a medically diagnosed limitation by an ALJ should automatically be upheld, “particularly where the ALJ offers no indication as to how [she] concluded that a particular translation was the most appropriate.” Coleman v. Berryhill, No. 2:17-CV-1069, 2018 WL 4352943, at *5 (E.D. Cal. Sept. 12, 2018). Here, there is no indication in the record how the ALJ arrived at the challenged translation. (See AR 17-35.) The Commissioner’s decision should therefore be reversed and this case remanded for the calculation and award of benefits. IV. Remand For Benefits Appropriate Plaintiff requests that the Court find she is entitled to benefits or remand her case for a further hearing. (Doc. 1 at 2.) The Court recommends the ALJ’s decision be vacated and the case remanded to the Commissioner for the calculation and award of benefits. “The decision whether to remand a case for additional evidence, or simply to award benefits is within the discretion of the court.” Sprague v. Bowen, 812 F.2d 1226, 1232 (9th Cir. 1987). Whether an action is remanded for an award of benefits or for further proceedings depends on the likely utility of additional proceedings. Harman v. Apfel, 211 F.3d 1172, 1179 (9th Cir. 2000). If additional proceedings can remedy defects in the original administrative proceeding, a social security case should be remanded for additional evidence. Revels v. Berryhill, 874 F.3d 648, 668 (9th Cir. 2017). However, where: (i) “the Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 21 of 23
- 22 - 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 record has been fully developed and further administrative proceedings would serve no useful purpose;” (ii) “the ALJ has failed to provide legally sufficient reasons for rejecting evidence, whether claimant testimony or medical opinion;” and (iii) “the improperly discredited evidence were credited as true, the ALJ would be required to find the claimant disabled on remand,” courts remand for an award of benefits. Id. (cleaned up). Here, all three conditions have been met. There is no need to further develop the record or convene a second administrative hearing. The current record includes over 1,600 pages of relevant information detailing Plaintiff’s treatment over the past six years. (AR 1-1640.) Plaintiff’s primary physician repeatedly observed the severity of Plaintiff’s mental and physical conditions and offered the opinion that Plaintiff required complete time off given her worsening pain, frequent position changes every five minutes, and inability to concentrate on her job duties. (AR 660.) The ALJ failed to provide legally sufficient reasons to reject Plaintiff’s symptom testimony and Dr. Newingham’s June 23, 2023 medical opinion that Plaintiff’s conditions were debilitating. The ALJ also erred by improperly rejecting parts of Dr. Culver’s medical opinion, failing to discuss the opinions of counselor Aldrich and nurse practitioner Reid, and failing to include all of Plaintiff’s limitations in the RFC and her hypothetical question to the vocational expert. It would serve no purpose to remand this case to the Commissioner with instructions similar to the regulations the ALJ has been unable to follow. Finally, if the improperly discredited evidence were credited as true—especially Plaintiff’s symptom testimony—the ALJ would be required to find Plaintiff disabled on remand. Relevant precedent demonstrates that a district court has discretion to remand a disability case to the agency for payment of benefits in situations similar to the one at hand. See, e.g., Revels, 874 F.3d at 669 (remanding for benefits where ALJ failed to provide legally sufficient reasons to reject opinion of claimant’s treating rheumatologist and for improperly rejecting claimant’s symptom testimony); Benecke v. Barnhart, 379 F.3d 587, 594 (9th Cir. 2004) (finding district court abused its discretion by remanding case for further proceedings where “ALJ erred in discounting the opinions of [the claimant’s] Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 22 of 23
- 23 - 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 treating physicians, relying on his disbelief of [the claimant’s] symptom testimony as well as his misunderstanding of fibromyalgia”); Trevizo v. Berryhill, 871 F.3d 664, 682 (9th Cir. 2017) (remanding for benefits where ALJ erred in rejecting opinion of claimant’s treating physician and her subjective symptom testimony); Sprague, 812 F.2d at 1232 (remanding for benefits where substantial evidence failed to support ALJ’s decision and no legitimate reasons justified disregarding treating physician’s opinion). As such, the ALJ’s disability determination should be vacated and this case remanded to the Commissioner for the calculation and award of benefits. RECOMMENDATION The Magistrate Judge recommends that the District Judge, upon his independent review, grant Plaintiff’s complaint, (Doc. 1), vacate the ALJ’s decision, and remand this case to the Commissioner for the calculation and award of benefits. Under Federal Rule of Civil Procedure 72, any party may serve and file written objections within fourteen (14) days of being served with a copy of this Report and Recommendation, and a party may respond to another party’s objections within fourteen (14) days after being served with a copy. Fed. R. Civ. P. 72(b)(2). No replies shall be filed unless leave is granted by the District Judge. If objections are filed, the parties shall use the following case number: 25-CV-90-JAS. Failure to file timely objections to any factual or legal determination of the Magistrate Judge may result in waiver of the right of de novo review. Dated this 26th day of January, 2026. Case 4:25-cv-00090-JAS Document 21 Filed 01/26/26 Page 23 of 23
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