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Stanisci v. Berryhill

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

May 30, 2018

ANDREW DEAN STANISCI, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner of Social Security for Operations, Defendant.

          ORDER AFFIRMING COMMISSIONER'S FINAL DECISION AND DISMISSING THE CASE WITH PREJUDICE

          Thomas S. Zilly United States District Judge

         Andrew Dean Stanisci seeks review of the denial of his application for Supplemental Security Income and Disability Insurance Benefits. Mr. Stanisci contends the ALJ erred by excluding his rib impairment in step two, rejecting several medical opinions and lay witness statements, finding that he had past relevant work, and relying on jobs that he would not be able to maintain. Dkt. 11. As discussed below, the Court AFFIRMS the Commissioner's final decision and DISMISSES the case with prejudice.

         BACKGROUND

         Mr. Stanisci is currently 32 years old, has less than a high school education, and has worked as a fast food worker. Tr. 27-28. He applied for benefits in September 2013, alleging disability as of April 1, 2008. Tr. 17. His applications were denied initially and on reconsideration. Id. After conducting a hearing in December 2015, the ALJ issued a decision finding Mr. Stanisci not disabled. Tr. 17-30.

         THE ALJ'S DECISION

         Utilizing the five-step disability evaluation process, [1] the ALJ found:

         Step one: Mr. Stanisci has not engaged in substantial gainful activity since April 1, 2008, the alleged onset date.

         Step two: He has the following severe impairments: affective disorder, anxiety disorder, personality disorder, and substance addiction disorder.

         Step three: These impairments do not meet or equal the requirements of a listed impairment.[2]

         Residual Functional Capacity: Mr. Stanisci can work at all exertional levels, but only simple, routine tasks in a routine environment with only superficial interaction with coworkers and the general public, and occasional interaction with supervisors.

         Step four: He can perform past relevant work as a fast food worker.

         Step five: In the alternative, as there are jobs that exist in significant numbers in the national economy that he can perform, he is not disabled.

         Tr. 19-29. The Appeals Council denied his request for review, making the ALJ's decision the ...


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