Nowling v. Colvin, No. 14-2170 (8th Cir. 2016)
Annotate this CasePlaintiff appealed the denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq., and supplemental security income benefits under Title XVI of the Act, 42 U.S.C. 1381 et seq. The court concluded that the errors identified by plaintiff show the ALJ failed to consider Mental Impairment Listing 12.07 Somatoform Disorders (including Conversion Disorder) when assessing her residual functional capacity; the ALJ failed to evaluate fully the vocational expert's testimony; the testimony of plaintiff's sister-in-law reflects on the severity of plaintiff's impairments and the ALJ's failure to address this testimony was not harmless nor an arguable deficiency in opinion-writing technique; and the ALJ erred by disregarding the opinion of plaintiff's treating physician and improperly accorded great weight to statements in the physician's treatment notes indicating that plaintiff demonstrated improvement without acknowledging that plaintiff's symptoms waxed and waned throughout the substantial period of treatment. Accordingly, the court remanded with instructions.
Court Description: Melloy, Author, with Loken and Gruender, Circuit Judges] Civil case - Social Security. The ALJ failed to consider Mental Impairment Listing 12.07 "Somatoform Disorders" when assessing claimant's residual functional capacity and failed to evaluate fully the vocational expert's testimony in denying claimant benefits; further, testimony from claimant's sister-in-law reflecting on the severity of claimant's impairments is evidence the ALJ is to consider in applying the five-step sequential analysis, and it is undisputed that the ALJ's opinion failed to address her testimony or describe what weight, if any, it was given; the failure to address the testimony was not, under the circumstances presented, harmless or just an arguable deficiency in opinion-writing technique; the ALJ also failed to adequately weigh the medical testimony and treatment records. The matter is remanded to the district court with directions to remand the case to the agency for further consideration.
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