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Damianas v. Colvin

United States District Court, W.D. Washington

November 18, 2014

TORI DAMIANAS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

For Tori DaMianas, Plaintiff: Gerald R Tarutis, Holly Ann Kessler, LEAD ATTORNEYS TARUTIS & BRUNSTROM, P.S. SEATTLE, WA.

For Carolyn W Colvin, Acting Commissioner of Social Security Administration, Defendant: Kerry Jane Keefe, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE (SEA), SEATTLE, WA; Leisa Wolf, SOCIAL SECURITY ADMINISTRATION, SEATTLE, WA.

REPORT AND RECOMMENDATION

JOHN L. WEINBERG, United States Magistrate Judge.

BASIC DATA

Type of benefits sought:

(X) Disability Insurance

(X) Supplemental Security Income

Plaintiff's:

Sex: Female

Age: 40 at alleged onset date, 45 at third ALJ hearing

Principal Disabilities Alleged by Plaintiff:

Cervical and lumbar degenerative disc disease, obesity, affective disorder, and anxiety disorder Disability Allegedly Began: May 25, 2007

Principal Previous Work Experience: customer service representative, telemarketer, weight recorder, assistant manager, kitchen manager, and deli clerk.

Last worked: Disputed; she worked some past her alleged onset date but appears to not have amounted to substantial gainful activity. AR 20.

Education Level Achieved by Plaintiff: High School

PROCEDURAL HISTORY -- ADMINISTRATIVE

Before ALJ Laura Valente:

Dates of Second and Third ALJ Hearings: March 2012 and July 24, 2012, hearing transcript AR 113-204
Date of Decision: August, 2012
Appears in Record at: AR 18-35
Summary of ALJ's Most Recent Decision:
Claimant has not engaged in substantial gainful activity since her alleged onset date; she has severe impairments of cervical and lumbar degenerative disc disease, obesity, affective disorder, anxiety disorder, and possible malingering. She does not meet any listed impairment.
She has the RFC to perform modified light work, with limited public contact. She cannot perform any of her past relevant work. The testimony of the vocational expert identified examples of three jobs she can perform: maid, mail room clerk, photocopy machine operator, and document preparer. This establishes she can perform substantial work which exists in the national economy and requires a finding of " not disabled."

Before Appeals Council:

Date of Decision: November ...

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