United States District Court, W.D. Washington, Seattle
DEBRA A. JONES, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner of Social Security for Operations, Defendant.
ORDER AFFIRMING THE COMMISSIONER AND DISMISSING THE
A. TSUCHIDA United States Magistrate Judge.
A. Jones appeals the ALJ's decision finding her not
disabled contending the ALJ misevaluated the medical
evidence, her testimony, and the lay testimony, and that the
residual functional capacity (“RFC”)
determination therefore fails to account for all of her
limitations. Dkt. 12. She also contends the Court should
remand the case based upon new evidence that she submitted to
the Appeals Council. Id. at 18-19. As discussed
below, the Court AFFIRMS the
Commissioner's final decision and
DISMISSES the case with prejudice.
Jones is currently 62 years old, has a high school diploma
and training as a certified nursing assistant, and has worked
as a cashier, customer service representative, retail sales
associate, retail greeter, housekeeper, and seamstress. Tr.
156-57, 162. In February 2011, she protectively applied for
benefits, alleging disability as of December 15, 2010. Tr.
application was denied initially and on reconsideration. Tr.
88-90, 95-99. The ALJ conducted a hearing on August 2, 2012,
Tr. 23-57, and subsequently issued a decision finding Ms.
Jones not disabled. Tr. 11-19.
Appeals Council denied review of this decision, (Tr. 1-6),
and Ms. Jones requested judicial review in the U.S. District
Court for the Western District of Washington. Tr. 482-87. The
Court granted the parties' stipulation to reverse the
ALJ's 2012 decision and remand for further administrative
proceedings. Tr. 488-94. A different ALJ conducted hearings
on July 27, 2015, and December 7, 2015, Tr. 376-460, and
subsequently issued a decision in 2016 finding Ms. Jones not
disabled. Tr. 343-56. Ms. Jones sought review in the Appeals
Council submitting exceptions and additional evidence. As the
Appeals Council denied review, the ALJ's 2016 decision is
the Commissioner's final decision. Tr. 322-26.
the five-step disability evaluation process,  the ALJ found:
Step one: Ms. Jones did not engage in
substantial gainful activity between her alleged onset date
through her date last insured (“DLI”).
Step two: Through the DLI, Ms. Jones'
obesity and fibromyalgia were severe impairments.
Step three: These impairments did not meet
or equal the requirements of a listed
RFC: Ms. Jones can perform light work, with
additional limitations. She can occasionally balance, stoop,
kneel, and crouch, and cannot climb or crawl.
Step four: Ms. Jones can perform her past
work as a return clerk, cashier II, and sewing machine
operator, and is therefore not disabled.