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Percival v. Colvin

United States District Court, W.D. Washington

December 16, 2014

CHARLENE CHRISTY PERCIVAL, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

For Charlene Percival, Plaintiff: Sherri Allen, LAW OFFICE OF SHERRI ALLEN, BREMERTON, WA.

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

REPORT AND RECOMMENDATION

JOHN L. WEINBERG, United States Magistrate Judge.

BASIC DATA

Type of benefits sought:

(X) Supplemental Security Income -- Disability
(X) Disability Insurance

Plaintiff:

Sex: Female
Age: 52 at application, 54 at ALJ hearing

Principal Disabilities Alleged by Plaintiff: left leg pain, left hip pain, sciatica, left knee pain, bursitis in both shoulders, compressed disks, periodic depression, dyslexia

Disability Allegedly Began: October 1, 2009

Principal Previous Work Experience: Fast food manager, cook, salesperson, gas station attendant

Plaintiff Last Worked: 2008

Education Level Achieved by Plaintiff: some college

PROCEDURAL HISTORY -- ADMINISTRATIVE

Before ALJ Kimberly Boyce:

Date of Hearing: April 18, 2012

Date of Decision: May 11, 2012

Appears in Record at: Decision AR 27-39, Hearing Transcript AR 47-95
Summary of Decision:
Claimant has not engaged in substantial gainful activity since her alleged onset date. She has severe impairments of degenerative disc disease of the lumbar spine, degenerative joint disease of the left knee, left lower extremity varicose veins status post surgical ligation stripping, and obesity. She also has non-severe impairments including dyslexia/depression/psychological impairments. None of these impairments, alone or in combination, meet or medically equal a Listing. Based on her impairments, Claimant has the residual functional capacity (RFC) to lift and carry ten pounds frequently and fifteen pounds occasionally. She can sit for six hours and stand/walk for two hours in an eight hour workday. She can occasionally stoop, kneel, crouch, crawl, and climb ramps or stairs. She should avoid exposures to hazards. A Vocational Expert (VE) testified that with this RFC, Claimant can perform her past relevant work as a fast food manager as she had actually performed the job. Additionally, the VE determined that Claimant could perform work as a tube room cashier and a check cashier. Both of these representative jobs are available in significant numbers in the economy. Therefore, the Claimant is not disabled.

Before Appeals Council:

Date of Decision: June 20, 2013
Appears in Record at: AR 1-4
Summary of Decision: Review Declined

PROCEDURAL HISTORY -- THIS COURT

Jurisdiction based upon: 42 U.S.C. § 405(g)

Brief on Merits Submitted by (X) Plaintiff ...


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