Mickey C. Webb v. Jo Anne B. Barnhart, Commissioner, Social Security Administration

Mickey C. Webb appeals the district court’s summary judgment affirmance of the Commissioner of Social Security’s final decision denying him disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . On appeal, Webb contends that the administrative law judge (“ALJ”) improperly found him to be not disabled at the second step of the five-step evaluative process, and that substantial evidence did not support the ALJ’s finding that Webb’s impairments were not medically severe. We agree and reverse.

I.

In 1987, at the age of 35, Webb had his torso partially crushed in an all-terrain vehicle accident. He suffered several broken ribs and internal injuries and was hospitalized for a week. Two years later, he collapsed at his job as a retail manager and was taken to the emergency room, where he was found to have elevated blood pressure. In 1991, Webb experienced visual disturbances and memory loss; he underwent a CAT scan, but its results were normal. Then, in 1994, he began to have acute back pain that his doctor traced to the ATV accident and a workplace injury in 1982 or 1983.

During the next several years, Webb continued to suffer from lower back…

dissenting:

We review the district court’s judgment de novo to determine whether the administrative law judge’s (ALJ’s) decision is supported by substantial evidence in the record as a whole and applies the correct legal standards. Osenbrock v. Apfel, 240 F.3d 1157, 1162 (9th Cir.2001). Substantial evidence is such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Id. The ALJ’s findings must be upheld if they are supported by inferences reasonably drawn from the record. Id. If evidence exists to support more than one rational interpretation, this court must defer to the ALJ’s decision. Id. Because a thorough review of Mickey Webb’s medical records shows that there is substantial evidence to support the ALJ’s determination that Webb did not suffer from a severe impairment during the relevant period, I respectfully dissent.

I.

In June 1987 Webb was involved in an ATV accident that resulted in multiple rib fractures and possible facial injures. X-rays of the thoracic and cervical spines taken at the time were “essentially unremarkable.” There is no evidence of further medical treatment, to such spines or otherwise, until August 1989 when…

433 F.3d 683 Mickey C. WEBB, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant-Appellee. No. 04-35445. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 16, 2005. Filed December 29, 2005. Linda S. Ziskin, Lake Oswego, OR, for the plaintiff-appellant. David M. Blume, Office of the General Counsel, Social Security Administration, Seattle, WA, for the defendant-appellee. Appeal from the United States District Court for the District of Oregon, Ann L. Aiken, District Judge, Presiding. D.C. No. CV-03-00015-AA. Before: FISHER, GOULD and BEA, Circuit Judges. FISHER, Circuit Judge: 1 Mickey C. Webb appeals the district court's summary judgment affirmance of the Commissioner of Social Security's final decision denying him disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . On appeal, Webb contends that the administrative law judge ("ALJ") improperly found him to be not disabled at the second step of the five-step evaluative process, and that substantial evidence did not support the ALJ's finding that Webb's impairments were not medically severe. We agree and…