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. 6; Consent to Proceed
Before a United States Magistrate Judge, Dkt. 7). This matter
has been fully briefed. See Dkts. 14, 15, 16.
considering and reviewing the record, the Court concludes the
ALJ provided a specific and legitimate reason supported by
substantial evidence for discounting the medical opinions of
Theodore Braun, M.D. and Mark Magdaleno, M.D. The Court also
concludes that the ALJ provided at least one specific, cogent
reason supported by substantial evidence to discount
plaintiff's complaints regarding his physical
limitations. Therefore, this matter should be affirmed
pursuant to sentence four of 42 U.S.C. § 405(g).
GEORGE KARPINSKI, was born in 1960 and was 48 years old on
the alleged date of disability onset of February 1, 2009.
See AR. 351-52. Plaintiff completed high school and
started college, but did not finish. AR. 107. Plaintiff has
work experience as a sales engineer, technician, consultant
and manager in telecommunications. AR. 406-412. He last
worked in an IT position, but was terminated after twice
falling asleep on the job. AR. 100.
to the ALJ, through the date last insured, plaintiff has at
least the severe impairments of “degenerative disc
disease of the lumbar spine, diabetes mellitus, rheumatoid
arthritis, affective disorder, anxiety disorder and
somatoform disorder (20 CFR 404.1520(c)).” AR. 19.
time of the hearing, plaintiff was living with his wife and
mother in a house rented to his mother. AR. 97, 99, 105.
application for disability insurance benefits
(“DIB”) pursuant to 42 U.S.C. § 423 (Title
II) of the Social Security Act was denied initially and
following reconsideration. See AR. 161, 175.
Plaintiff's requested hearings were held before
Administrative Law Judge Kimberly Boyce (“the
ALJ”) on June 16, 2014 (see AR. 85-115);
December 31, 2014 (see AR. 116-29), and June 24,
2015 (see AR. 130-39). On August 13, 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.13-37.
plaintiff's Opening Brief, plaintiff raises the following
issues: (1) The ALJ erred in her weighing of the medical
opinion evidence; and (2) The ALJ erred in her credibility
assessment. See Dkt. 14, 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 (9th Cir. 2005)
(citing Tidwell v. Apfel, 161 F.3d 599, 601 (9th
Whether the ALJ erred in her treatment of the ...