United States District Court, W.D. Washington, Tacoma
ORDER ON PLAINTIFF'S COMPLAINT
RICHARD CREATURA UNITED STATES MAGISTRATE JUDGE
Court has jurisdiction pursuant to 28 U.S.C. § 636(c),
Fed.R.Civ.P. 73 and Local Magistrate Judge Rule MJR 13
(see also Notice of Initial Assignment to a U.S.
Magistrate Judge and Consent Form, Dkt. 5; Consent to Proceed
Before a United States Magistrate Judge, Dkt. 6). This matter
has been fully briefed. See Dkt. 11, 12, 13.
considering and reviewing the record, the Court concludes
that the ALJ erred when she discounted the medical opinions
of Dr. Anselm Parlatore. The ALJ failed to provide specific
and legitimate reasons supported by substantial evidence when
she discounted Dr. Parlatore's opinions as (1)
unsupported by clinical findings; (2) based on
plaintiff's subjective complaints and incompatible with
plaintiff's activities of daily living; and (3)
unsupported by the longitudinal record. Contrary to the
ALJ's determination, the record demonstrates that Dr.
Parlatore's opinions were supported by clinical findings,
interviews, testing, and mental status examinations.
Moreover, the ALJ's determination is unsupported by the
record as a whole. Had the ALJ properly considered Dr.
Parlatore's opinions, the residual functional capacity
may have included additional limitations.
this error is not harmless, this matter is reversed pursuant
to sentence four of 42 U.S.C. § 405(g) and remanded to
the Acting Commissioner for further consideration consistent
with this order.
AEVIN MUCKE, was born in 1986 and was 16 years old on the
alleged date of disability onset of August 1, 2002.
See AR. 212-17. Plaintiff completed the
11thgrade in high school and obtained his GED his
senior year. AR. 50. Plaintiff has some work history at a
fast food restaurant and a relative's pet shop. AR. 53.
Plaintiff's last employment was as a produce clerk, but
he quit after a few weeks because of anxiety. AR. 52-53.
to the ALJ, plaintiff has at least the severe impairments of
“learning disorder, attention deficit disorder and/or
other organic mental disorder, anxiety disorder, affective
disorder, and autism spectrum disorder (20 CFR
416.920(c)).” AR. 25.
time of the hearing, plaintiff was living with his parents on
their farm. AR. 48.
application for Supplemental Security Income
(“SSI”) benefits pursuant to 42 U.S.C. §
1382(a) (Title XVI) of the Social Security Act was denied
initially and following reconsideration. See AR. 95,
107. Plaintiff's requested hearing was held before
Administrative Law Judge Cheri L. Filion (“the
ALJ”) on September 21, 2015. See AR. 43-94. On
December 17, 2015, the ALJ issued a written decision in which
the ALJ concluded that plaintiff was not disabled pursuant to
the Social Security Act. See AR. 20-42.
plaintiff's Opening Brief, plaintiff raises the following
issues: (1) Whether the ALJ provided legally sufficient
reasons for rejecting the opinions of an examining
psychiatrist; and (2) Whether the ALJ provided germane
reasons for rejecting the lay testimony. See Dkt.
11, p. 1.
to 42 U.S.C. § 405(g), this Court may set aside the
Commissioner's denial of social security benefits if 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 ...