Leslie v. Astrue
Docket: No. 07-56764
Court: Court of Appeals for the Ninth Circuit; March 11, 2009; Federal Appellate Court
David A. Leslie appeals the district court's ruling, which upheld the Social Security Administration's decision that he was not disabled under the Social Security Act and thus not eligible for disability benefits. The court affirmed in part and reversed in part, remanding for further proceedings. The administrative law judge (ALJ) correctly concluded that Leslie's carpal tunnel syndrome was not a medically determinable impairment, noting the absence of evidence indicating that it limited his basic work capabilities. The ALJ noted Leslie's condition was categorized as “mild-to-moderate” and highlighted that he did not pursue rehabilitation, which was corroborated by Dr. Morse's testimony. Therefore, the ALJ's assessment regarding this impairment was supported by substantial evidence. However, the court found fault with the ALJ's dismissal of Dr. Christopher Morache's opinions. Dr. Morache became Leslie's treating physician following a suicide attempt, and his November 15, 2004 opinion was disregarded by the ALJ as inconsistent with earlier psychiatric assessments and Leslie’s pre-suicide attempt account of daily activities. The court pointed out that these prior opinions and activities did not take into account the significant change in Leslie's mental health following the suicide attempt. Consequently, the ALJ failed to provide specific and legitimate reasons for dismissing Dr. Morache’s opinion, which should be given greater weight due to its timing in relation to Leslie’s deteriorating condition. The court also addressed the inappropriateness of remanding for the direct payment of benefits, as the hypothetical question posed by Leslie's attorney exaggerated his mental limitations and was not fully supported by the record. Therefore, further proceedings are warranted. Both parties will bear their own costs on appeal. The decision was affirmed in part, reversed in part, and remanded for further evaluation of Dr. Morache's opinions.