United States District Court, W.D. Washington, Seattle
VIRGIL C. SHADE, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner of Social Security for Operations, Defendant.
ORDER REMANDING FOR FURTHER PROCEEDINGS AND PAYMENT
J. PECHMAN, UNITED STATES DISTRICT JUDGE
Virgil C. Shade, seeks review of the denial of his 2011
application for Supplemental Security Income (SSI) and
Disability Insurance Benefits (DIB) for a closed period
ending June 19, 2015. Plaintiff contends the ALJ erred in
evaluating his severe impairments, rejecting three medical
opinions, and evaluating what jobs he could perform. Dkt. 36
at 1. As discussed below, the Court REVERSES
the Commissioner's final decision and
REMANDS the matter under sentence four of 42
U.S.C. § 405(g) for further proceedings on the DIB claim
and an award of benefits on the SSI claim.
is 54 years old, has a high school education, and worked as a
cashier, cook, dishwasher, garbage collector, and cleaner.
Tr. 299. Plaintiff's first applications for SSI and DIB
were denied and became administratively final on February 2,
2010. Tr. 286.
February 2011, plaintiff applied for the DIB and SSI benefits
at issue in this case, alleging disability as of February
2007, amended to February 3, 2010. Tr. 286. Plaintiff's
applications were denied initially and on reconsideration.
Tr. 286. After the ALJ conducted a hearing in June 2013, he
issued a decision in December 2013 finding plaintiff not
disabled. Tr. 286-301.
2013 ALJ DECISION
separately analyzed the DIB and SSI claims, because DIB
claims require a finding that disability began before the
date last insured. Tr. 289. For both claims, the ALJ only
considered the period beginning February 3, 2010, the day
after plaintiff's previous claims denial became
DIB claim, the ALJ found that plaintiff met the insured
status requirements of the Social Security Act through June
30, 2010. Tr. 289. The ALJ then used the five-step disability
evaluation process set forth in 20 C.F.R. § 404.1520,
finding that for the period from February 3 to June 30, 2010:
Step one: Plaintiff did not engage in
substantial gainful activity after the amended alleged onset
date of February 3, 2010.
Step two: Plaintiff had the following severe
impairments: degenerative disc disease and lumbar strain.
Step three: These impairments did not meet
or equal the requirements of a listed
Residual Functional Capacity (RFC):
Plaintiff could perform sedentary work, with a slight
decrease in balancing, and no climbing stairs or working at
Step four: Plaintiff could not have
performed past relevant work.
Step five: Because jobs exist in significant
numbers in the national economy that plaintiff could have
performed, plaintiff was not disabled. Tr. 289-90.
For SSI benefits, the ALJ considered the period beginning
February 3, 2010, and, using the five-step disability
evaluation process set forth in 20 C.F.R. § 416.920,
Step one: Plaintiff has not engaged in
substantial gainful activity since the amended alleged onset
date of ...