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 Consent to Proceed Before a United States
Magistrate Judge, Dkt. 4). This matter has been fully
briefed. See Dkt. 11, 19, 21.
considering and reviewing the record, the Court concludes
that the ALJ erred by failing to discuss all of the medical
opinions from the state agency consulting doctor, such as the
opinion that plaintiff only could engage in superficial
interaction with supervisors. See AR. 31. Fully
crediting this opinion could lead to a finding of disability
as it is unclear the exact amount of interaction with
supervisors that is required for the three positions the ALJ
found that plaintiff could perform. It is unclear if the
amount of interaction with supervisors required is more than
for the reasons stated herein and based on the record as a
whole, the Court concludes that this matter is reversed and
remanded pursuant to sentence four of 42 U.S.C. § 405(g)
to the Acting Commissioner for further consideration.
NICHOLE MARIE BENNETT, was born in 1989 and was 24 years old
on the amended alleged date of disability onset of December
20, 2013. See AR. 43, 182-87. Plaintiff attended
high school until the eleventh grade and obtained her GED two
years later. AR. 45. She has no work history. AR. 45-46
to the ALJ, plaintiff has at least the severe impairments of
“Chiari malformation with headaches, scoliosis, and
affective disorder (20 CFR 416.920(c)).” AR. 25. At the
time of the hearing, plaintiff was living in a house with her
three children. AR. 57-59.
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.
90-97, 99-110. Plaintiff's requested hearing was held
before Administrative Law Judge Kelly Wilson (“the
ALJ”) on June 26, 2015. See AR. 39-79. On
December 31, 2015, the ALJ issued a written decision in which
she concluded that plaintiff was not disabled pursuant to the
Social Security Act. See AR. 20-38.
plaintiff's Opening Brief, plaintiff raises the following
issues: The ALJ erred in (1) failing to include in his
residual functional capacity finding, all of the limitations
assessed by Gary L. Nelson, PhD.; (2) rejecting the opinion
of W. Daniel Davenport, MD; and (3) rejecting plaintiff's
testimony. See Dkt. 11, pp. 1-2.
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
The ALJ erred in failing to include in her residual
functional capacity finding all of the limitations ...