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Odgers v. Berryhill

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

May 15, 2018

DANNI D. ODGERS, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          ORDER REVERSING DEFENDANT'S DECISION TO DENY BENEFITS

          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: 31 at the time of alleged disability onset

         Principal Disabilities Alleged by Plaintiff: ischemic heart disease; left shoulder impairment; right elbow impairment; obesity; left knee impairment; affective disorder; anxiety disorder; high cholesterol; and hypertension. AR at 18.

         Disability Allegedly Began: February 27, 2014

         Principal Previous Work Experience: stock clerk, and landscape laborer.

         Education Level Achieved by Plaintiff: High School Diploma

         II. PROCEDURAL HISTORY-ADMINISTRATIVE

         Before ALJ:

         Date of Hearing: August 4, 2015

         Date of Decision: January 5, 2016

         Appears in Record at: AR 12-36

         Summary of Decision:

The claimant has not engaged in substantial gainful activity since February 27, 2014, the application date (20 C.F.R. § 416.971, et seq.);
The claimant has the following severe impairments: ischemic heart disease; left shoulder impairment; right elbow impairment; obesity; left knee impairment; affective disorder; and anxiety disorder (20 C.F.R. § 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 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 416.920(d), 416.925 and 416.926);
After careful consideration of the entire record, the Administrative Law Judge (“ALJ”) found that the claimant has the residual functional capacity to perform light work as defined in 20 C.F.R. § 416.967(b). Except, the claimant could lift/carry ten pounds occasionally and frequently; stand and/or walk (with normal breaks) for about six hours in an eight-hour workday; and sit (with normal breaks) for about six hours in an eight-hour workday. The claimant can frequently climb ramps, stairs, ladders, ropes and scaffolds, balance, stoop, kneel, and crawl. The claimant is limited to frequent bilateral reaching, handling, fingering, and feeling. The claimant can remember simple instructions involving simple, routine work tasks with customary breaks and lunch. There can be occasional contact with coworkers for tasks, but collaborative efforts should last on the average no longer than ten minutes. There should be no contact with the public for work tasks, but incidental contact with the public is not precluded. There should be no more than occasional changes to the work environment. The claimant is off task up to 10% over the course of an eight-hour workday, but not all at one time.
The claimant is unable to perform any past relevant work (20 C.F.R. § 416.965); The claimant was born on June 22, 1968 and was 45 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 C.F.R. § 416.963);
The claimant has at least a high school education and is able to communicate in English (20 C.F.R. § 416.964);
Transferability of job skills is not an issue in this case because the claimant's past relevant work is unskilled (20 C.F.R. § 416.968);
Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 C.F.R. §§ 416.969 and 416.969(a)).
The claimant has not been under a disability, as defined in the Social Security Act, since February 27, 2014, the date the application was ...

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