Terrence R. Higbee v. Leland Dudek, Acting Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California reviewed the denial of Terrence R. Higbee’s application for disability insurance benefits. The court held that the administrative law judge exceeded the scope of a prior remand order, improperly found ulcerative colitis non-severe, and inadequately evaluated Higbee’s subjective symptom testimony. The court granted Higbee’s motion for summary judgment, denied the Commissioner’s cross-motion, and remanded for further proceedings.

Holdings

1. The second ALJ exceeded the scope and spirit of the prior remand order by revisiting step two and finding ulcerative colitis non-severe instead of evaluating Plaintiff's testimony concerning the number and duration of bathroom breaks and providing the required rationale.
2. The ALJ erred in finding Plaintiff's ulcerative colitis non-severe because the record met the de minimis threshold for proceeding beyond step two and did not clearly establish that the impairment imposed only minimal limitations.
3. The ALJ failed to provide legally sufficient specific, clear, and convincing reasons for discounting Plaintiff's subjective symptom testimony concerning ulcerative colitis and the resulting need for bathroom breaks.
4. Remand for an immediate award of benefits was not warranted; remand for further administrative proceedings was appropriate.

Questions Presented

1. Whether the second ALJ exceeded the scope of the prior remand order by revisiting the severity of Plaintiff's ulcerative colitis rather than evaluating the previously identified issue concerning the number and duration of bathroom breaks.
2. Whether the ALJ erred in finding Plaintiff's ulcerative colitis non-severe at step two of the sequential evaluation.
3. Whether the ALJ provided legally sufficient specific, clear, and convincing reasons for discounting Plaintiff's subjective symptom testimony.
4. Whether Plaintiff was entitled to an immediate award of benefits under the credit-as-true rule or whether remand for further proceedings was appropriate.

Disposition

reversed_and_remanded