Ottem v. Bisignano

Summary

The document contains findings and recommendations by a United States Magistrate Judge in a Social Security disability benefits appeal. The court recommends granting Plaintiff Cynthia Marie Ottem’s appeal, reversing the agency’s denial of benefits, and entering judgment in her favor because the ALJ’s decision was not supported by substantial evidence and applied improper legal standards. The court directs the ALJ on remand to further address Plaintiff’s subjective symptom testimony.

Holdings

1. The ALJ erred by failing to provide legally sufficient reasons, beyond the lack of supporting medical evidence, for discounting Ottem's subjective symptom testimony. Evidence of temporary relief from epidural injections did not establish sustained improvement sufficient to undermine her allegations.
2. Remand for further administrative proceedings was appropriate because it was not clear that further proceedings would serve no useful purpose.

Questions Presented

1. Whether the ALJ applied the proper legal standard and gave sufficiently specific, clear, and convincing reasons for discounting Ottem's subjective symptom testimony.
2. Whether the ALJ's residual functional capacity finding limiting Ottem to medium work was supported by substantial evidence.
3. Whether the ALJ erred by failing to adopt Dr. Roger Wagner's limitation that Ottem required a cane.

Disposition

reversed_and_remanded