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Megret v. Berryhill

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

October 19, 2017

LEONARDO BANDERA MEGRET, Plaintiff,
v.
NANCY A. BERRYHILL, Defendant.

          ORDER AFFIRMING DEFENDANT'S DECISION TO DENY BENEFITS

          JAMES L. ROBART UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiff Leonardo Bandera Megret seeks review of the denial of his application for supplemental security income ("SSI") benefits. Mr. Megret contends that the Administrative Law Judge ("ALJ") erred in evaluating the medical evidence in the record and Mr. Megret's subjective complaints. (Op. Br. (Dkt. # 14) at 1-2.) Having considered the submissions of the parties, the relevant portions of the record, and the applicable law, the court AFFIRMS Defendant Commissioner Nancy A. Berryhill's ("the Commissioner") final decision and DISMISSES the case with prejudice.

         II. BACKGROUND

         On March 9, 2010, Mr. Megret protectively filed an application for SSI benefits. (Administrative Record ("AR") (Dkt. # 9) at 1031.) Mr. Megret's application was denied initially and on reconsideration. (Id.) After a hearing and an unfavorable decision, Mr. Megret appealed to this court. (Id.) This court reversed and remanded the matter for further administrative proceedings. (Id.) After the ALJ conducted another hearing on September 21, 2016, the ALJ issued a decision finding Mr. Megret not disabled. (Id. at 1031-50.)

         In her decision, the ALJ utilized the five-step disability evaluation process, [1] and the court summarizes the ALJ's findings as follows:

Step one: Mr. Megret has not engaged in substantial gainful activity since September 16, 2011, the amended alleged onset date of disability.
Step two: Mr. Megret has the following severe impairments: post-traumatic stress disorder, major depressive disorder with psychotic features, history of antisocial personality disorder, cognitive disorder, and substance use disorder.
Step three: Mr. Megret does not have an impairment or combination of impairments that meets or equals the requirements of a listed impairment.[2]
RFC: Mr. Megret has the residual functional capacity ("RFC") to perform a mil range of work at all exertional levels except that he is able to understand, remember, and carry out simple, routine tasks, where such tasks are predetermined by the employer. He can have no contact with the general public. He cannot perform tandem tasks or tasks involving a cooperative team effort, but he is able to have occasional superficial contact with coworkers and supervisors. He is able to work in a predictable workplace environment.
Step four: Mr. Megret can perform past relevant work as a fish packer.
Step five: Alternatively, Mr. Megret can perform jobs that exist in significant numbers in the national economy. Therefore, he has not been disabled since September 16, 2011, the amended alleged onset date of disability.

(See id.) It does not appear from the record that the Appeals Council assumed jurisdiction of the case.[3] See 20 C.F.R. § 416.1484.

         III. ...


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