Jennifer M. Ellsworth v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Arizona reviews objections to a magistrate judge’s Report and Recommendation in a Social Security disability benefits case. The court adopts the recommendation in substantial part, reverses the Commissioner’s decision because the ALJ failed to provide clear and convincing reasons for discounting testimony about migraines, and remands for a new hearing and decision. The court also directs further evaluation of the claimant’s foot impairment and residual functional capacity.

Holdings

1. The ALJ failed to provide specific, clear, and convincing reasons for discounting Plaintiff's testimony concerning the severity of her migraines.
2. Even though Plaintiff's foot impairments were found non-severe at Step Two, the ALJ was required to consider them when formulating the residual functional capacity and specifically evaluate the related symptom testimony.
3. Because the ALJ found the foot impairments non-severe at Step Two, and Plaintiff forfeited a challenge to that finding, the ALJ was not required to evaluate the foot impairments under Listing 1.18 at Step Three.
4. Remand for further administrative proceedings, rather than an immediate award of benefits, was appropriate.

Questions Presented

1. Whether the ALJ provided legally sufficient, clear, and convincing reasons for discounting Plaintiff's symptom testimony concerning her migraines.
2. Whether the ALJ was required to consider Plaintiff's non-severe foot impairment when formulating the residual functional capacity.
3. Whether the record warranted remand for an immediate award of benefits under the credit-as-true rule or remand for further administrative proceedings.
4. Whether the ALJ's evaluations of Plaintiff's hand, neck, back, and other impairment-related testimony were supported by substantial evidence.

Disposition

reversed_and_remanded