Nowling v. Colvin, No. 14-2170 (8th Cir. 2016)Annotate this Case
Plaintiff 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.