United States District Court, W.D. Washington, Tacoma
ORDER AFFIRMING THE COMMISSIONER AND DISMISSING THE
S. LASNIK, UNITED STATES DISTRICT JUDGE.
Lisa Kaye Patterson seeks review of the denial of her
application for Disability Insurance Benefits. She contends
the administrative law judge (“ALJ”) erred in (1)
failing to consider whether her fibromyalgia satisfied any
listings at step three; (2) discounting her subjective
testimony; (3) discounting certain medical evidence; (4)
discounting lay statements; (5) assessing her residual
functional capacity (“RFC”); and (6) finding that
she could perform her past work as well as other jobs
existing in significant numbers in the national economy. Dkt.
7 at 1-2. For the reasons below, the Court
AFFIRMS the Commissioner's final
decision and DISMISSES the case with
Patterson is currently 58 years old, has a 10th-grade
education and a GED, and has worked as a teacher's aide.
Tr. 54-55, 78. In October 2013, she applied for benefits,
alleging disability as of June 1, 2002, with a date last
insured (“DLI”) of March 31, 2009. Tr. 155-56,
167. Her application was denied initially and on
reconsideration. Tr. 104-06, 108-09. The ALJ conducted a
hearing on October 6, 2015 (Tr. 40-91), and subsequently
issued a decision finding Ms. Patterson not disabled. Tr.
22-34. The Appeals Council denied Ms. Patterson's request
for review, making the ALJ's decision the
Commissioner's final decision. Tr. 1-6.
the five-step disability evaluation process,  the ALJ found:
Step one: Ms. Patterson did not engage in
substantial gainful activity between her alleged onset date
and her date last insured (“DLI”).
Step two: Through the DLI, Ms.
Patterson's degenerative disc disease of the lumbar spine
and fibromyalgia were severe impairments.
Step three: These impairments did not meet
or equal the requirements of a listed
RFC: Through the DLI, Ms. Patterson could
perform light work with additional limitations: she must be
allowed to sit or stand as needed. She could occasionally
stoop and crouch sufficiently to get in and out of a chair.
She could not climb ladders, ropes, or scaffolds. She could
not balance, kneel, or crawl. She could occasionally climb
ramps or stairs. She should avoid even moderate exposure to
extreme heat or cold, vibration, and hazards.
Step four: Through the DLI, Ms. Patterson
could perform her past work as a teacher's aide.
Step five: In the alternative, as there are
jobs that exist in significant numbers in the national
economy that Ms. Patterson could perform before the DLI, she
is not disabled.