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Reed v. Berryhill

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

March 15, 2017

VIRGIL REED, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security,[1]Defendant.

          ORDER REVERSING AND REMANDING THE COMMISSIONER’S DECISION

          BENJAMIN H. SETTLE United States District Judge.

         I. BASIC DATA

         Type of Benefits Sought:

         (X) Disability Insurance

         (X) Supplemental Security Income

         Plaintiff’s:

         Sex: Male

         Age: 41 at application date

         Principal Disabilities Alleged by Plaintiff: Learning disorder, dyslexia, depression, anxiety, personality disorder, hearing and vision loss, carpal tunnel syndrome, and ankle, back, and hip pain

         Disability Allegedly Began: July 11, 2012

         Principal Previous Work Experience: Bartender, cook, truck driver, and forklift operator

         Education Level Achieved by Plaintiff: GED

         II. PROCEDURAL HISTORY-ADMINISTRATIVE

         Before ALJ Glenn G. Meyers:

Date of Hearing: April 14, 2015; hearing transcript AR 37-83
Date of Decision: June 24, 2015
Appears in Record at: AR 13-36

         Summary of Decision:

The claimant has not engaged in substantial gainful activity since July 11, 2012, the amended alleged onset date. The claimant has the following severe impairments: carpal tunnel syndrome, history of lumbar degenerative disc disease, depressive disorder, anxiety disorder, attention deficit disorder/attention deficit hyperactivity disorder, and substance abuse in remission. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1.
The claimant has the residual functional capacity (“RFC”) to perform light work as defined in 20 C.F.R. §§ 404.1567(b) and 416.967(b) except he can engage in unskilled, routine, repetitive work. He frequently can use hands to finger, feel, push, pull, can have no contact with the public, can work in close proximity to but not in coordination with coworkers, and can be off task at work ten percent of the time but would still meet minimum production requirements.
The claimant is unable to perform any past relevant work. Considering the claimant’s age, education, work experience, and RFC, there are jobs existing in significant numbers in the national economy that the claimant can perform. Therefore, the claimant has not been under a disability, as defined in the Social Security Act, from October 1, 2009, through the date of the decision.

         Before Appeals Council:

         Date of Decision: August 24, 2016

         Appears in ...


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