United States District Court, W.D. Washington, Seattle
ORDER REVERSING AND REMANDING FOR FURTHER
A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE.
Bogart appeals the denial of her application for Supplemental
Security Income. She contends the ALJ erred by
(1) misevaluating the medical opinions of
examining psychologists Owen J. Bargreen, Psy.D., and Thomas
Genthe, Ph.D., and reviewing psychologist Janis Lewis, Ph.D.;
(2) misevaluating the opinion of Dick Moen,
MSW; (3) failing to consider lay testimony
by her fiancé Karl F. Nesensohn; and
(4) discrediting her symptom testimony. Dkt.
10. The Court finds that the ALJ harmfully misevaluated Dr.
Bargreen's examining opinion and therefore
REVERSES and REMANDS for
further administrative proceedings under sentence four of 42
U.S.C. § 405(g).
Bogart is currently 47 years old, has a GED, and has worked
as a framer and a reception clerk. Tr. 36-38. In June 2013,
she applied for benefits, alleging disability as of January
2005. Tr. 193-201. After her application was denied initially
and on reconsideration, the ALJ conducted a September 2015
hearing. Tr. 32-68. In a November 2015 decision, the ALJ
found Ms. Bogart not disabled. Tr. 12-26. As the Appeals
Council denied Ms. Bogart's request for review, the
ALJ's decision is the Commissioner's final decision.
the five-step disability evaluation process,  the ALJ found:
Step one: Ms. Bogart had not engaged in
substantial gainful activity since June 11, 2013, the
Step two: Ms. Bogart had the following
severe impairments: post-traumatic stress disorder, major
depressive disorder, bipolar disorder, polysubstance abuse,
and borderline personality disorder.
Step three: These impairments did not meet
or equal the requirements of a listed
Residual Functional Capacity: Ms. Bogart can
perform a full range of work at all exertional levels but
with certain nonexertional limitations. She is able to
understand, remember, and carry out simple, routine tasks.
She can have no contact with the general public and perform
no tandem tasks or tasks involving a cooperative team effort
but is able to have occasional and superficial contact with
coworkers. She is able to adapt to routine changes in the
Step four: Ms. Bogart could not perform her
Step five: As there are jobs that exist in
significant numbers in the national economy that Ms. Bogart
can perform, she not disabled.