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Arnett v. Colvin

United States District Court, W.D. Washington, Seattle

August 22, 2014

ISAAC ARNETT, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

JOHN L. WEINBERG, Magistrate Judge.

BASIC DATA,

Type of benefits sought:

(X) Disability Insurance
(X) Supplemental Security Income

Plaintiff's:

Sex: Male
Age: 52 at alleged onset date, 54 at ALJ hearing

Principal Disabilities Alleged by Plaintiff:

Plaintiff testified to ongoing pain with his leg which was severely broken in a motorcycle accident in February 2010 when a car pulled out in front of him. His leg was surgically reconstructed. His head was also hit during the accident and he alleges headaches and cognitive deficits since the accident. Hearing counsel requested examination for head injury or organic brain syndrome, which the ALJ denied. AR 17.

Disability Allegedly Began: February 6, 2010 Principal Previous Work Experience: Jazz dancer, cook, and truck driver. Plaintiff Last Worked: He was last employed as a truck driver in December 2008. Education Level Achieved by Plaintiff: GED and two years of college

PROCEDURAL HISTORY - ADMINISTRATIVE

Before ALJ Verrell Dethloff:

Date of Hearing: July 9, 2012, hearing transcript AR 46-78
Date of Decision: July 27, 2012
Appears in Record at: AR 17-39
Summary of Decision:
Claimant has not engaged in substantial gainful activity since his alleged onset date, February 6, 2010; he has severe impairments of status post left lower extremity fracture, personality disorder, and affective disorder. Claimant has non-severe impairments of status post head injury, high blood pressure, and right shoulder/neck pain. He has a rule out diagnosis for traumatic brain injury. His impairments, even in combination, do not qualify under the Listings.
He has the RFC to perform light work, subject to certain limitations including avoiding concentrated exposure to hazards. He cannot climb. He can perform simple, repetitive work and would work best away from the general public.
He cannot perform any of his past relevant work. Application of the Medical-Vocational Guidelines shows there are light, unskilled jobs he can perform. This establishes he can perform substantial work which exists in the national economy and requires a finding of "not disabled."

Before Appeals Council:

Date of Decision: September 24, 2013
Appears in Record at: AR 1-6
Summary of Decision: declined review

PROCEDURAL HISTORY - ...


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