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Randall v. Berryhill

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

March 27, 2017

TRACEY K. RANDALL, 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:

() Disability Insurance
(X) Supplemental Security Income

         Plaintiff's:

         Sex: Male

         Age: 39

         Principal Disabilities Alleged by Plaintiff: Temporal lobe epilepsy, rheumatoid arthritis, degenerative disc disease/radiculopathy, attention deficit disorder, bipolar disorder, depression, personality disorder, paranoia, seizures

         Principal Previous Work Experience: Cook, mover, fast food worker, custodian, warehouse worker, and laborer

         II. PROCEDURAL HISTORY-ADMINISTRATIVE

         Before ALJ Joanne E. Dantonio:

Date of Hearing: September 9, 2015; hearing transcript AR 989-1043
Date of Decision: March 1, 2016
Appears in Record at: AR 961-80
Summary of Decision:
The claimant has not engaged in substantial gainful activity since March 3, 2009, the application date. The claimant has the following severe impairments: attention deficit hyperactivity disorder (“ADHD”), bipolar disorder, generalized anxiety disorder, personality disorder, and lumbar and cervical spine degenerative disc disease. 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. § 416.967(b) including lifting 20 pounds occasionally and ten pounds frequently; never climbing ladders, ropes, or scaffolds; and only occasional stooping, kneeling, and crouching, but less than occasional crawling. The claimant should also avoid concentrated exposure to vibration and hazards. The claimant can perform simple, routine tasks with no public contact. He is capable of only occasional contact with coworkers that does not require teamwork. The claimant is further limited to less than occasional changes in work tasks within a week.
The claimant is unable to perform any past relevant work. However, considering his age, education, work experience, and RFC, there are jobs that exist in significant numbers in the national economy that he can perform. Therefore, the claimant has not been disabled since March 3, 2009, the date the application was filed.

         Appeals Council: Did not assume jurisdiction

         III. PROCEDURAL HISTORY-THIS COURT

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

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

         IV. STANDARD OF REVIEW

         Pursuant to 42 U.S.C. § 405(g), the Court may set aside the Commissioner's denial of Social Security benefits when the ALJ's findings are based on legal error or not supported by substantial evidence in the record as a whole. Bayliss v. Barnhart, 427 F.3d 1211, 1214 n.1 (9th Cir. 2005). “Substantial evidence” is more than a scintilla, less than a preponderance, and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401 (1971); Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989). The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving any other ambiguities that might exist. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995). While the Court is required to examine the record as a whole, it may neither reweigh the evidence nor substitute its judgment for that of the ...


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