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Farris v. Berryhill

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

April 3, 2018

ERNEST CARROLL FARRIS III, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner of Social Security for Operations, Defendant.

          ORDER REVERSING AND REMANDING

          BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.

         I. BASIC DATA

         Type of Benefits Sought:

() Disability Insurance
(X) Supplemental Security Income

         Plaintiff's:

Sex: Male
Age: 38 at time of alleged disability onset

         Principal Disabilities Alleged by Plaintiff: severe degenerative disc disease, depression, anxiety, herniated belly button, left foot crushed, tear in left shoulder, diabetes, hbp, skin cancer, and severe memory loss. ER 236.

         Disability Allegedly Began: May 31, 2007.

         Principal Previous Work Experience: security guard, paving operator, warehouse worker, forklift operator, and concrete cutter.

         Education Level Achieved by Plaintiff: 9th grade

         II. PROCEDURAL HISTORY-ADMINISTRATIVE

         Before ALJ:

Date of Hearing: June 14, 2016
Date of Decision: August 26, 2016
Appears in Record at: ER 20-34

         Summary of Decision:

The claimant has not engaged in substantial gainful activity since April 14, 2014, the application date (20 CFR 416.971 et seq.).
The claimant has the following severe impairments: obesity; post myocardial infarction; degenerative disc disorder (DDD); left shoulder tendonitis; left knee medial meniscus tear post arthroscopic repair; cognitive disorder with mixed anxiety and depressed mood (20 CFR 416.920(c)).
The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).
After careful consideration of the entire record, I find that the claimant has the residual functional capacity (RFC) to perform light work as defined in 20 CFR 416.967(b) except: The claimant can occasionally climb ramps and stairs; he should not climb ladders, ropes and scaffolds; he can occasionally stoop, kneel and crouch, he can frequently balance but he should not crawl. He can occasionally reach overhead with his left (nondominant) upper extremity. The claimant can understand and remember simple instructions and has sufficient concentration, persistence and pace to complete simple, routine tasks for a normal workday and ...

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