Phillips v. Commissioner of Social Security

MEMORANDUM

Anna Marie Phillips appeals the district court’s judgment affirming the Commissioner’s denial of her application for disability insurance benefits. Phillips argues that the Administrative Law Judge inappropriately considered evidence of her addiction to prescription drugs in light of Social Security Ruling (“SSR”) 13-2p, erred in discounting the opinion of treating physician Dr. Dumitru, and further erred in discrediting Phillips’s pain testimony. We remand to the district court with instructions to remand to the Social Security Administration for further consideration.

SSR 13-2p provides that substance use disorders do not include “[ajddiction to, or use of, prescription medications taken as prescribed.” Although SSR 13-2p was issued after Phillips was denied benefits, the Commissioner took the position before us that it did not represent a change in the law and that the finding that Phillips had abused drugs was based on her failure to take prescription medication as prescribed.

The record does not support that conclusion. The ALJ’s decision placed “greatest weight” on the opinion of Dr. Temple, including his testimony that Phillips was “using more medication than…