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Diego v. Colvin

United States District Court, E.D. Washington

May 6, 2014

JOHN SANTIAGO DIEGO, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

Decided Date: May 5, 2014.

Page 1184

[Copyrighted Material Omitted]

Page 1185

For John Santiago Diego, Plaintiff: Rebecca Mary Coufal, LEAD ATTORNEY, Rebecca Coufal Law Office, Spokane, WA.

Page 1186

DECISION AND ORDER

VICTOR E. BIANCHINI, UNITED STATES MAGISTRATE JUDGE.

I. INTRODUCTION

In October of 2009, Plaintiff John Santiago Diego applied for Supplemental Security Income (" SSI" ) benefits and Disability Insurance Benefits (" DIB" ) under the Social Security Act. The Commissioner of Social Security denied the applications.

Plaintiff, represented by Rebecca Mary Coufal, Esq., commenced this action seeking judicial review of the Commissioner's denial of benefits pursuant to 42 U.S.C. § § 405 (g) and 1383 (c)(3). The parties consented to the jurisdiction of a United States Magistrate Judge. (Docket No. 6).

On January 3, 2014, the Honorable Rosanna Malouf Peterson, Chief United States District Judge, referred this case to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket No. 20).

II. BACKGROUND

The procedural history may be summarized as follows:

On October 7, 2009, Plaintiff applied for SSI benefits and DIB, alleging disability beginning July 1, 2002. (T at 137-40, 141-43).[1] The applications were denied initially and Plaintiff requested a hearing before an Administrative Law Judge (" ALJ" ). On March 24, 2011, a hearing was held before ALJ Mattie Harvin-Woode. (T at 27). Plaintiff appeared with an attorney and testified. (T at 31-55). The ALJ also received testimony from Mark Harrington, a vocational expert. (T at 55-63).

On April 25, 2011, ALJ Harwin-Woode issued a written decision denying the applications

Page 1187

for benefits and finding that Plaintiff was not disabled within the meaning of the Social Security Act. (T at 8-26). The ALJ's decision became the Commissioner's final decision on September 20, 2012, when the Social Security Appeals Council denied Plaintiff's request for review. (T at 1-6).

On October 16, 2012, Plaintiff, acting by and through his counsel, timely commenced this action by filing a Complaint in the United States District Court for the Eastern District of Washington. (Docket No. 5). The Commissioner interposed an Answer on December 21, 2012. (Docket No. 10).

Plaintiff filed a motion for summary judgment on May 6, 2013. (Docket No. 15). The Commissioner moved for summary judgment on July 17, 2013. (Docket No. 19). As noted above, the parties consented to the jurisdiction of a Magistrate Judge. (Docket No. 6).

For the reasons set forth below, the Commissioner's motion is denied, Plaintiff's motion is granted, and this case is remanded for further proceedings.

III. DISCUSSION

A. Sequential Evaluation Process

The Social Security Act (" the Act" ) defines disability as the " inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months." 42 U.S.C. § § 423(d)(1)(A), 1382c(a)(3)(A). The Act also provides that a plaintiff shall be determined to be under a disability only if any impairments are of such severity that a plaintiff is not only unable to do previous work but cannot, considering plaintiff's age, education and work experiences, engage in any other substantial work which exists in the national economy. 42 U.S.C. § § 423(d)(2)(A), 1382c(a)(3)(B). Thus, the definition of disability consists of both medical and vocational components. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir. 2001).

The Commissioner has established a five-step sequential evaluation process for determining whether a person is disabled. 20 C.F.R. § § 404.1520, 416.920. Step one determines if the person is engaged in substantial gainful activities. If so, benefits are denied. 20 C.F.R. § § 404.1520(a)(4)(i), 416.920(a)(4)(i). If not, the decision maker proceeds to step two, which determines whether plaintiff has a medially severe impairment or combination of impairments. 20 C.F.R. § § 404.1520(a)(4)(ii), 416.920(a)(4)(ii).

If plaintiff does not have a severe impairment or combination of impairments, the disability claim is denied. If the impairment is severe, the evaluation proceeds to the third step, which compares plaintiff's impairment with a number of listed impairments acknowledged by the Commissioner to be so severe as to preclude substantial gainful activity. 20 C.F.R. § § 404.1520(a)(4)(iii), 416.920(a)(4)(iii); 20 C.F.R. § 404 Subpt. P App. 1. If the impairment meets or equals one of the listed impairments, plaintiff is conclusively presumed to be disabled. If the impairment is not one conclusively presumed to be disabling, the evaluation proceeds to the fourth step, which determines whether the impairment prevents plaintiff from performing work which was performed in the past. If a plaintiff is able to perform previous ...


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