Lagassey v. Commissioner of Social Security, No. 3:2013cv01551 - Document 22 (D. Or. 2014)

Court Description: OPINION AND ORDER. Signed on 10/29/2014 by Judge Malcolm F. Marsh. (pvh)

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Lagassey v. Commissioner of Social Security Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON LYNN MARIE CARY LAGASSEY, 3:13-cv-01551-MA Plaintiff, OPINION AND ORDER v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. LISA R. J. PORTER KP Law, P.C. 5200 S.W. Meadows Road, Suite 150 Lake Oswego, Oregon 97035 Attorney for Plaintiff S. AMANDA MARSHALL United States Attorney ADRIAN L. BROWN Assistant United States Attorney 1000 S.W. Third Avenue, Suite 600 Portland, Oregon 97204-2902 JORDAN D. GODDARD Social Security Administration Off ice of the General Counsel 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, Washington 98104-7075 Attorneys for Defendant 1 - OPINION AND ORDER Dockets.Justia.com MARSH, Judge Plaintiff, Lynn Marie Cary LaGassey, brings this action for judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying her applications for disability insurance benefits (DIB) under Title II of the Social Security Act (the · Act) and supplemental security benefits under Title XVI of the Act. 1381-1383f. 405(g). income (SSI) disability See 42 U.S.C. §§ 401-434, This Court has jurisdiction pursuant to 42 U.S.C. § For the reasons set forth below, I affirm the final decision of the Commissioner. PROCEDURAL BACKGROUND Plaintiff protectively filed the instant applications for DIB and SSI on October 25, cancer, 2006, alleging disability due to breast short-term memory loss, and joint pain. Tr. 189. applications were denied initially and upon reconsideration. Her An Administrative Law Judge (ALJ) held hearings on June 29, 2009, and September 9, 2009, at which Plaintiff was present and represented by counsel. 1 finding On September 22, 2009, Plaintiff not disabled within the ALJ issued a decision the meaning of the Act. After the Appeals Council declined review of the ALJ's decision, Plaintiff timely filed a Complaint in this Court. 1 Plaintiff testified at the June 29, 2009, hearing. The ALJ conducted the September 9, 2009, hearing for the purpose of obtaining vocational expert testimony after receiving additional exhibits. 2 - OPINION AND ORDER On August 13, 2012, this Court reversed the ALJ's decision and remanded to the Commissioner for further proceedings. Cary- LaGassey v. Comm'r Soc. Sec. Admin., No. 3:11-cv-00395-ST (#27), 2012 WL 3314087 (D. Or. Jul. 20, 2012), adopted .Qy 2012 WL 3309713 (D. Or. Aug. 13; 2012). Accordingly, on May 13, 2013, the ALJ held another hearing at which Plaintiff was represented by counsel and On June 11, testified. finding 2013, the ALJ again issued a decision Plaintiff not disabled within the meaning of the Act. After the Appeals Council declined review, Plaintiff instituted this appeal. FACTUAL BACKGROUND Born on January 10, 1958, Plaintiff was 47 years-old on the alleged onset date of disability and 55 years-old on the date of the hearing on remand. Tr. education with some college, Producer. 184. Plaintiff has a high-school and past relevant work as a Radio Tr. 196. Plaintiff alleges her conditions became disabling on September 1, 2005. Tr. 184. Plaintiff testified about her conditions and functional limitations at hearings on June 29, 2009, and May 13, 2013. In addition to her hearing testimony, Plaintiff submitted an Adult Function Report. Tr. 241-48. George Shinbo, Plaintiff's friend, also testified at the June 29, 2009, hearing and submitted a letter. Tr. 1148-53, 1353. Thomas Blacklidge submitted a Witness Statement dated June 3 - OPINION AND ORDER 24, 2009. Tr. 727-34. Max LaGassey, Plaintiff's son, also submitted a letter describing his mother's limitations. Tr. 1352. Patricia Ayzerman, a vocational expert (VE), was also present throughout the May 13, 2013, hearing and testified. THE ALJ'S DISABILITY ANALYSIS The Commissioner has established a five-step sequential process for determining whether a person is disabled. Yuckert, 482 U.S. 137' 404.1520(a) (4) (i)-(v), that 20 C.F.R. Each §§ step is The claimant bears the burden of proof at Steps One through Four. show (1987); 416. 920 (a) (4) (i)- (v). potentially dispositive. Cir. 1999). 140-42 Bowen v. Tackett v. Apfel, 180 F.3d 1094, 1098 (9th The burden shifts to the Commissioner at Step Five to a significant number of jobs economy that the claimant can perform. exist in See Yuckert, the national 482 U.S. at 141-42; Tackett, 180 F.3d at 1098. At Step One the ALJ determined that Plaintiff has not engaged in substantial gainful September 1, 2005. activity since See 20 C.F.R. §§ the alleged onset date, 404.1571 et seq., 416.971 et seq.; Tr. 1090. At Step Two the ALJ found Plaintiff's status post lumpectomy with radiation, depressive disorder, were severe impairments, non-severe impairment. Tr. 1090. 4 - OPINION AND ORDER and "substance dependency" and Plaintiff's anxiety disorder was a See 20 C.F.R. §§ 404.1520(c), 416.920(c); At Step Three the ALJ determined Plaintiff does not have an impairment or combination of impairments that meet or medically equal any listed impairment. See 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, 416.926; Tr. 1090-91. The ALJ found Plaintiff has the residual functional capacity (RFC) to perform a range of light work except that she should not be required to do overhead work with her left arm, should have ready access to a restroom, and is limited to unskilled work with no more than occasional public contact. Tr. 1091-97. At Step Four the ALJ found Plaintiff is unable to perform all of her past relevant work. See 20 C.F.R. §§ 404.1565, 416.965; Tr. 1097. At Step Five, however, 2013, the date Plaintiff the ALJ found that as of January 10, turned 55 years-old and entered the "advanced age" category, jobs did not exist in the national economy that Plaintiff could perform. Prior to January 10, 2013, however, the ALJ found jobs existed in significant numbers in the national economy that Plaintiff could perform, including Mailroom Clerk and Electronics Worker. Tr. 1097-99. Accordingly, the ALJ found Plaintiff was disabled within the meaning of the Act, but not until the established onset date of January 10, 2013. Ill Ill 5 - OPINION AND ORDER ISSUES ON REVIEW Plaintiff Plaintiff Second, raises argues the three ALJ primary issues erroneously on First, appeal. rejected her testimony. Plaintiff asserts the ALJ improperly discounted the lay testimony of Thomas Blacklidge, George Shinbo, and Max LaGassey. Finally, Plaintiff claims the ALJ demonstrated bias against her by offering a stipulation for an established onset date at the hearing and allegedly making similar legal errors as the ALJ made in the prior decision that was remanded to the Commissioner. STANDARD OF REVIEW The Court must affirm the Commissioner's decision if the Commissioner applied proper legal standards and the findings are supported by substantial evidence in the record. 405 (g); Andrews v. 1039 Shalala, 53 F. 3d 1035, 42 U.S.C. (9th Cir. § 1995). "Substantial evidence means more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Court must weigh all of the evidence, whether detracts from the Commissioner's decision. 807 F.2d 771, 772 (9th Cir. 1986). to more than one rational decision must be upheld. supports The or Martinez v. Heckler, If the.evidence is susceptible interpretation, Andrews, it Id. the Commissioner's 53 F.3d at 1039-40. If the evidence supports the Commissioner's conclusion, the Commissioner must be affirmed; "the court may not substitute its judgment for 6 - OPINION AND ORDER that of the Commissioner." Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir. 2001). DISCUSSION I. Plaintiff's Testimony Plaintiff first In testimony. argues deciding the ALJ whether to improperly accept rejected subjective testimony, an ALJ must perform two stages of analysis. § 404.1529. evidence First, of an her symptom 20 C.F.R. the claimant must produce objective medical underlying impairment that expected to produce the symptoms alleged. F.3d 1273, 1281-82 (9th Cir. 1996). could reasonably be Smolen v. Chater, 80 Second, absent a finding of malingering, the ALJ can reject the claimant's testimony about the severity of her symptoms only by offering specific, convincing reasons for doing so. for rejecting a claimant's Id. at 1281. testimony substantial evidence in the record. clear, and The ALJ's reasons must be supported by See Carmickle v. Comm'r Soc. Sec. Admin., 533 F.3d 1155, 1161 (9th Cir. 2008). If an ALJ finds the claimant's testimony regarding her subjective symptoms unreliable, the "ALJ must make a credibility citing unpersuasive." Morgan v. Comm'r Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999). the reasons In doing so, why the testimony is determination the ALJ must identify which testimony is credible and which testimony undermines the claimant's complaints, and make "findings sufficiently specific to permit the 7 - OPINION AND ORDER court to conclude that the ALJ did not arbitrarily discredit [the] claimant's testimony." Cir. 2002). The Thomas v. Barnhart, 278 F.3d 947, 958 (9th ALJ may rely upon ordinary credibility evaluation in weighing the techniques claimant's of credibility. Tommasetti v. Astrue, 533 F.3d 1035, 1039 (9th Cir. 2008). A. Plaintiff's Testimony As noted, and May 13, Plaintiff testified at hearings on June 29, 2009, 2013, and submitted an Adult Function Report dated November 30, 2006. 1. At June 29, 2009, Hearing Testimony the June 29, 2009, hearing, Plaintiff testified that "extreme pain" in her right arm and elbow makes it so she cannot lift her arm or carry anything, things." Tr. 1124. dressed every day. pain" in her Tr. 1125. Plaintiff to lose sleep. Plaintiff also reported "terrible "comes and goes Tr. 1127. all night" and forces In addition to the nighttime Plaintiff testified she has pain in both hips, with the left hip being much worse .than the right. account of this pain, Plaintiff testified she approximately one block before requiring rest. addition to her to drop Plaintiff reported she has difficulty getting legs that pain in her legs, and that she "tend [ s] pain complaints, Plaintiff Tr. 1130. can only Tr. 1130. In that she reported experiences urinary frequency and occasional incontinence. 1128-29. 8 - OPINION AND ORDER On walk Tr. As to her mental health limitations, Plaintiff testified that she "very much" has a problem with depression that began in 2005. Tr. 1131. As a result, Plaintiff testified that she sleeps much more than eight hours per day, does not leave the house often, does not eat much on account of lack of appetite, nights. Tr. 1132. and has restless Plaintiff reported that her concentration has become "way worse" since 2005 and she experiences daily crying spells. panic Tr. 1133, attacks 1137. Plaintiff testified she also suffers approximately once per week during experiences a racing heartbeat and crying spells. As to her functionality in daily which she Tr. 1139 activities, Plaintiff reported she must take four or five thirty-minute rest periods during a typical day. Tr. 1140. Plaintiff testified that she is responsible for approximately forty-five percent of the care of her son, who has some physical disabilities. Tr. 1134-35. Plaintiff reported, however, that she only performs approximately ten percent of the work around her house, and that she cannot carry laundry. Tr. 1140. Plaintiff specifically noted that she can carry less than ten pounds, can sit for approximately thirty minutes, and has trouble reaching in all directions, especially with her right hand. Tr. 1141-43. Overall, Plaintiff reported her pain ranges between a four and nine on a ten-point scale and that it is so severe that she is not functional greater than 50 percent of the time. 1144. 9 - OPINION AND ORDER Tr. 2. May 13, 2013, Hearing Testimony At the May 13, 2013, hearing, Plaintiff reported that she began having problems with alcohol abuse in approximately 2010 or 2011 that caused her to seek treatment. Tr. 1187-88. testified emergency she enrolled in a one-year Plaintiff preparedness certificate program that requires her to take approximately eight hours of classes per week. Tr. 1191-92, 1195. Plaintiff reported that she attempts to exercise by walking, but even with the right shoes she can only walk "a couple blocks." Tr. 1194. When not at school, attends doctor's appointments, Plaintiff testified she rests, and reads. Tr. 1196. Plaintiff testified that her panic attacks and depression are controlled with medication, 1202-03. 2005 and but that she still has "small" panic attacks. Tr. Plaintiff reported that her chemotherapy and radiation in 2006 caused her to have memory problems, including difficulty remembering dates and numbers as well as forgetfulness. Tr. 1203-04. 3. November 30, 2006, Adult Function Report In her November 30, 2006, Adult Function Report, Plaintiff noted that in a typical day she sleeps late because of "sweating" and pain, eats breakfast before taking medication, and gets a ride to meetings or classes. helps Tr. 241. Plaintiff reported that she her son with homework and lays 10 - OPINION AND ORDER down to rest during the afternoon and evening, but that her elbow and hip "usually hurt very badly at this time of day." Tr. 241. Plaintiff wrote that her right arm became numb and painful after her breast cancer surgeries, and that these symptoms make it difficult to sleep. for· herself, Tr. 242. As to impact on her ability to care Plaintiff reported her arm and hip pain makes it difficult to dress herself, care for her hair, feed herself, and do laundry and house cleaning. Tr. 242. In addition, Plaintiff reported that her standing and sitting limitations interfere with her ability to bathe. Tr. 242. has chemotherapy been poor since Plaintiff wrote that her memory and radiation. Tr. 243. Plaintiff reported that she can cook frozen meals, but that it takes and approximately twice as long as it used to she has difficulty dropping items, opening the refrigerator, picking up a gallon of milk, and squatting down to get cooking pans. Tr. 243. Plaintiff reported that "cleaning [and] laundry are very hard" for her because of her pain. Tr. 243. Plaintiff noted that she should not drive a car because of her memory problems and the risk that she may "blackout." Tr. 244. As to her functional limitations, Plaintiff checked that her conditions affect her abilities to lift, squat, bend, stand, reach, walk, sit, kneel, talk, hear, climb stairs, see, remember, complete tasks, concentrate, understand, follow instructions, use her hands, and get along with others. 11 - OPINION AND ORDER Tr. 246. Plaintiff reported that she can lift five-to-ten pounds, walk for one or two blocks before requiring five minutes of rest, and sit for 30 minutes at a time. Tr. 246. Plaintiff reported she can only pay attention for 10 minutes at a time and that written instructions are better than spoken instructions. B. Tr. 146. ALJ's Reasons for Rejecting Plaintiff's Testimony The ALJ rejected Plaintiff's testimony because Plaintiff's activities of daily living throughout the record were inconsistent with her medical alleged limitations, evidence did not clinical support findings and Plaintiff's objective allegations, Plaintiff's mental health treatment has been brief and sporadic, and Plaintiff's medication. together, depression and anxiety 1092-94. I conclude Tr. amount to clear and were controlled these convincing with reasons, taken reasons to reject Plaintiff's testimony. 1. Activities of Daily Living As noted, the ALJ found that Plaintiff's activities of daily living in the record are inconsistent with her allegations of very significant mental and physical limitations. convincing reason, supported by ample I find this is a evidence, to discount Plaintiff's testimony. The ALJ specifically noted Plaintiff's allegations are inconsistent with reports that she traveled extensively in 2006 and 2007, including to Hawaii 12 - OPINION AND ORDER twice. Indeed, on April 18, 2006, Plaintiff reported to Regan Look, M.D., that she traveled to Hawaii and was pushed into water. Tr. 878. In fact, during this period, Plaintiff appears to have flown twice in two weeks. Tr. 1000. Again on May 1, 2007, Plaintiff told Dr. Look that she "traveled to Hawaii in the first part of the year." 2006, Adult Function Report, Tr. 789. In her November, Plaintiff asserted she could "no longer travel for work," and could only sit for 30 minutes at a time. Tr. 242, 246. The ALJ could reasonably find such extensive travel in 2006 and 2007 inconsistent with Plaintiff's allegations in her November, 2006, Adult Function Report. The ALJ also found descriptions of some of Plaintiff's work activities during the alleged period of disability inconsistent with her allegations. For example, on February 7, 2008, Plaintiff reported that she was working part-time as a "personal assistant" for a family and was doing "tons" of laundry and dishwashing. 1894. Tr. On March 20, 2008, Plaintiff told Dr. Look that, while her hip had been hurting, "she has also been doing some additional work with vacuuming." Tr. 775. On July 5, 2012, Plaintiff reported she was working as an "organizer/cleaner," which, while "hard on her body," caused "depression because it is not what she wants to be doing 'with her life.'" Tr. 1850. these inconsistent activities allegations that were The ALJ could reasonably find with "cleaning ·and laundry are Plaintiff's very hard" repeated for her because of pain, that she "can't carry the laundry," that she does 13 - OPINION AND ORDER "[l)ess than 10 percent" of her household work, and that during much of this time Plaintiff "had to pretty much live on the couch." Tr. 243, 1140, 1199. The ALJ also noted Plaintiff reported activities inconsistent with her allegations. July 9, 2009, several non-work For instance, on less than two weeks after telling the ALJ she had "extreme pain in [her) right arm and right elbow, [her) whole right arm, [her) right shoulder," and that she could not "carry anything" or "lift up [her) arm," Plaintiff reported to Rebecca Cleeton, D.O., that "[s)he went kayaking." 24, 2008, Tr. 1124, 1409. On September Plaintiff was evaluated to have a muscle strain after "lifting heavy objects." Tr. 1427. On June 30, 2010, Plaintiff reported to Dr. Cleeton that she was "[d)oing more exercise." 1364. Tr. On January 10, 2013, Plaintiff told Wendy Neal, D.O., that "[w)alking hurts more at first and then helps to decrease pain overall," in contrast to her testimony four months later that she could not walk more than "a couple ·blocks," "because it hurts for me in my hips and my legs and my feet." Inconsistency between Plaintiff's Tr. 1194, 1864. alleged limitations and reports of her activities of daily living is a compelling reason, readily supported Plaintiff's by testimony. testimony on this basis. Ill 14 - OPINION AND ORDER substantial The ALJ record evidence, property rejected to reject Plaintiff's 2. Medical Evidence Did Not Support Allegations The ALJ also rejected Plaintiff's testimony because objective medical evidence and clinical findings did not support Plaintiff's allegations. Notably, despite Plaintiff's allegations of very significant arm, shoulder, and elbow pain, such complaints are at best sporadic throughout the medical record. On April 1, 2010, Plaintiff reported "some occasional arthralgias and myalgias in her arms and shoulders." Tr. 1551. On January 10, 2013, Plaintiff reported "pain and numbness [in her] right arm," that was "[w)orse with activities such as vacuuming or upward reaching, causing weakness and significant increase in numbness," but "[n)o pain at forearm and elbow." Tr. 1864. In September, 2009, three months after Plaintiff's initial hearing at which she testified of very significant arm pain, Plaintiff reported mild to moderate pain in her hips and back, but none in her upper extremities. Plaintiff gave a similar report in March of 2008. Tr. 1890. Tr. 1892. On July 18, 2012, Plaintiff had a normal musculoskeletal exam with no muscle or bone pain. Tr. 1772. Accordingly, clinical findings did not support Plaintiff's testimony of very significant arm pain and limitations. Plaintiff's allegations concerning memory problems were similarly not supported by clinical findings in the medical record. Throughout the extensive medical record, consistently found to be intact. 15 - OPINION AND ORDER ï½¾ï½ ï½²ï¼®ï¼  Plaintiff's memory was 773, 775, 779, 783, 789, 1356, 1360, 1386, 1399, 1411, 1427, 1548, 1766, Plaintiffs' care providers' repeated findings memory was intact does support not 1782, that 1883. Plaintiff's Plaintiff's allegations of significant memory limitations. Finally, medical after review of the record I record musculoskeletal, is clear that neurological, find that while the Plaintiff and experienced psychological symptoms some in connection with her breast cancer treatment, the medical record as a whole does significant not support symptoms and Plaintiff's of Accordingly, limitations. allegations the very ALJ reasonably cited lack of support from the medical record to reject Plaintiff's subjective symptom testimony. 3. Finally, significant Sporadic Mental Health Treatment and Control with Medication the mental ALJ rejected health Plaintiff's symptoms and allegations limitations of because Plaintiff failed to seek consistent mental health treatment and because Plaintiff's medication. depression and anxiety were controlled by Although the ALJ is correct that Plaintiff sought little mental health-specific treatment until she sought treatment for alcoholism in 2011 and 2012, Plaintiff did seek some treatment ï½¾ï½ ï½²ï¼®ï¼  before that through her oncologist and primary care providers. 506, 1050, 1357, 1366, 1411, 1551. Nonetheless, the ALJ is correct that Plaintiff reported her depression and anxiety were largely well-controlled on medication. 16 - OPINION AND ORDER Tr. 1057, 1203. Notably, Plaintiff reported her depression was well-controlled on a moderate to low dose of medication less than two weeks before Plaintiff told the ALJ it caused significant symptoms. 1132. Compare Tr. 1057, with Tr. While Plaintiff did report some instances of significant depression and anxiety, the majority of reports concerning depression and anxiety suggest Plaintiff's symptoms were generally milder. ｾＧ＠ Tr. 1357, 1366, 1409, 1411, 1911. Accordingly, the ALJ reasonably cited relative control of Plaintiff's anxiety and depression symptoms to reject those instances in which Plaintiff described much more significant depression and anxiety symptoms. In sum, I conclude the above reasons constitute clear and convincing reasons, supported by substantial evidence, Plaintiff's testimony. to reject The ALJ did not err in his consideration of Plaintiff's testimony. II. Lay Testimony Plaintiff next asserts that the ALJ cited insufficient reasons to reject the testimony of George Shinbo, Max LaGassey, and Thomas Blacklidge. Lay testimony regarding a claimant's symptoms or how an impairment affects her ability to work is competent evidence that an ALJ must take into account. 1104, 1114 (9th Cir. 2012). Molina v. Astrue, To discount lay witness testimony, the ALJ must give reasons that are germane to the witness. Ill Ill 17 - OPINION AND ORDER 674 F.3d Id. A. Mr. Shinbo George Shinbo testified at the June 29, 2009, submitted an additional letter dated April 2, 2013. 1353. At the hearing, Mr. hearing and Tr. 1148-54, Shinbo testified that he has known Plaintiff for between 30 and 40 years and sees her three or four times per week. Tr. 1149-50. Mr. Shinbo testified that Plaintiff experiences crying spells "almost every time I talk to her," that last for "a good hour, couple hours." Tr. 1050-51. Mr. Shinbo reported that Plaintiff has been "very irritable" since her breastcancer surgery and becomes frustrated by frequent memory lapses. Tr. 1151-52. As to Plaintiff's speed and pace, Mr. Shinbo opined Plaintiff operates at about fifteen-to-twenty percent of the speed of a "normal woman about her age," and. becomes fatigued easily. Tr. 1153. In his letter, Mr. Shinbo wrote that Plaintiff "cannot sit for any length affected." of time" and Tr. 1353. that "her memory seems ALJ rejected have Mr. Shinbo's testimony Tr. 1353. because inconsistent with Plaintiff's activities of daily living. as detailed above, Plaintiff's inconsistent it was Indeed, the ALJ could reaosnably find that many of activities with been Mr. Shinbo reported that Plaintiff "cannot lift any weight," and "gets extremely depressed." The to Mr. as reflected Shinbo's throughout testimony of the very record are significant physical and mental limitations, including working at approximately 18 - OPINION AND ORDER twenty percent of the speed of a normal person, the inability to lift "any weight," and the inability to "sit for any length of time." Tr. 1153, 1353. Accordingly, I conclude this was a germane reason to reject Mr. Shinbo's testimony. B. Mr. LaGassey Max LaGassey, Plaintiff's Plaintiff's son, behalf. Mr. LaGassey also submitted a provided letter on background on medical condition and his mother's breast-cancer treatment. LaGassey reported Plaintiff was unable to cook for him, laundry or dishes, or drive him places. also noted that Tr. 1352. his Mr. do his Mr. LaGassey Plaintiff "has problems with concentration and forgetfulness," and "still has a hard time sleeping, sitting for a long time, walking far," and has hip and foot pain. Tr. 1352. The ALJ found that Mr. LaGassey's statements were not fully credible in light of Plaintiff's daily activities, specifically noting that Plaintiff provided much of the same care for another family that Mr. LaGassey said she was unable to provide for her own family. be a Tr. 1096. sufficiently For the reasons discussed above, I find this to germane reason to discredit Mr. LaGassey's testimony. C. Mr. Blacklidge Thomas Blacklidge submitted a Witness Statement dated June 24, 2009, in which he reported that Plaintiff's pain interferes with her sleep and that depression causes her to sleep until the early 19 - OPINION AND ORDER afternoon. Tr. 728. Mr. Blacklidge wrote that Plaintiff "cannot shower or cook for herself a lot of the time," is very fatigued and depressed, and has problems with her memory. Tr. 728-29. Mr. Blacklidge reported that Plaintiff has a lot of pain and nausea as a result of her medications, is not "'social' or normal at night when she takes her [medication]," and "has a hard time sitting or standing in a position." Tr. 732. The ALJ rejected Mr. Blackidge' s testimony because it was inconsistent with reports of Plaintiff's activities of daily living throughout the record. For the same reasons as above, I conclude the ALJ cited germane reasons to reject Mr. Blacklidge's testimony because the ALJ reasonably inconsistent with Mr. found Blacklidge' s Plaintiff's reports activities of very significant physical and mental limitations. Because the ALJ properly discredited the testimony of Messrs. Shinbo, LaGassey, and Blacklidge, I conclude the ALJ did not err in weighing the lay testimony. III. ALJ Bias Finally, Plaintiff argues that ALJ demonstrated bias against Plaintiff in two ways. First, Plaintiff argues the ALJ demonstrated bias by offering at the 2013 hearing to stipulate to an onset date of October 1, 2012, approximately three months before the onset date the ALJ ultimately found, 1205-07. Second, January 10, 2013. Tr. Plaintiff argues the ALJ demonstrated bias by 20 - OPINION AND ORDER corrunitting the same alleged legal errors as caused the initial remand. The Corrunissioner responds that, while the ALJ should not have attempted to negotiate a stipulated onset date, the ALJ' s actions do not demonstrate bias against Plaintiff. "'ALJs and other similar quasi-judicial administrative officers are presumed to be unbiased. This presumption can be rebutted interest by a showing of conflict of specific reason for disqualification.'n F.3d 853, 857-58 (9th Cir. (9th Cir. some other Rollins v. Massanari, 261 2001) (quoting Verduzco v. F.3d 1087, 1089 (9th Cir. 1999)). 427 F.3d 1211, 1214-16 or Apfel, 188 See also Bayliss v. Barnhart, 2005). To establish bias, the complaining party must demonstrate "that the ALJ' s behavior, in the context of the whole case, inability to render fair was 'so extreme as to display clear judgment.'n Rollins, 261 F.3d at 858 (quoting Liteky v. United States, 510 U.S. 540, 551 (1994)). I agree with both Plaintiff and the Corrunissioner that the ALJ acted improperly in attempting to negotiate a stipulated onset date of disability. The ALJ's attempt to do so suggests a misunderstanding of the appropriate role of an ALJ in disability hearings. Nonetheless, the ALJ's error in judgment in this respect does not adversely reflect on his impartiality or ability to render fair judgment. I note the ALJ ultimately issued a thirteen-page decision that I find thorough, well-reasoned, and, as discussed in detail above, supported by substantial evidence. 21 - OPINION AND ORDER That the ALJ unsuccessfully attempted to negotiate a stipulated onset date does not establish bias, even if the ALJ's efforts to do so were illadvised. Plaintiff's suggestion that the ALJ showed bias in rejecting Plaintiff's Plaintiff's testimony and suggestion the that lay the testimony is ALJ again without merit. erred in his consideration of her testimony as well as the lay testimony, same grounds for this Court's 2012 remand of this matter, the falls well short of establishing "that the ALJ' s behavior, in the context of the whole case, was 'so extreme as to display clear inability to render fair judgment.'" 510 U.S. at 551). Rollins, 261 F.3d at 858 (quoting Liteky, The mere allegation that an ALJ made legal errors, especially those legal errors which are common in socialsecurity appeals, does not come close to meeting the high standard of demonstrating ALJ bias. find the ALJ did not establish bias. In any event, as discussed above, commit the legal errors Accordingly, I Plaintiff argues Plaintiff's argument that the ALJ demonstrated bias by rejecting Plaintiff's testimony and the lay testimony is plainly without merit. I conclude Plaintiff has failed to rebut the presumption that the ALJ was unbiased. Ill Ill Ill Ill 22 - OPINION AND ORDER CONCLUSION For the foregoing reasons, the Commissioner's decision is AFFIRMED. IT IS SO ORDERED. DATED this ;(,'day of October, 2014. Malcolm F. Marsh United States District Judge 23 - OPINION AND ORDER

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