United States District Court, W.D. Washington, Tacoma
ORDER REVERSING AND REMANDING THE CASE FOR FURTHER
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
Garrett Wade Linderman, seeks review of the denial of his
application for Supplemental Security Income. Plaintiff's
lawyer filed an opening brief that violates the Court's
scheduling order (Dkt. 8), in that it fails to list the
errors alleged beginning on page one, and sets forth the
issue for review in general statements, exactly as the Court
prohibits. Counsel is advised that future briefs that fail to
conform to the Court's scheduling order may be summarily
contends the ALJ erred by rejecting the opinions of three
doctors. Dkt. 9. As discussed below, the Court REVERSES the
Commissioner's final decision and REMANDS the matter for
further administrative proceedings under sentence four of 42
U.S.C. § 405(g).
is currently 55 years old, has a high school education, and
has no past relevant work. Tr. 30. Plaintiff applied for
benefits in May 2014, alleging disability as of June 2013.
Tr. 21. Plaintiff's applications were denied initially
and on reconsideration. Tr. 21. After the ALJ conducted a
hearing in June 2016, the ALJ issued a decision finding
plaintiff not disabled. Tr. 21-31.
the five-step disability evaluation process,  the ALJ found:
Step one: Plaintiff has not engaged in
substantial gainful activity since the May 2014 application
Step two: Plaintiff has the following severe
impairments: degenerative disc disease of the spine, rotator
cuff tendonitis, chronic liver disease, chronic renal
failure, anxiety, substance abuse, and antisocial personality
Step three: These impairments do not meet or
equal the requirements of a listed impairment.
Residual Functional Capacity: Plaintiff can
perform light work, further limited to occasional overhead
reaching bilaterally. He can frequently climb ramps and
stairs and occasionally climb ladders, ropes, or scaffolds.
He can frequently balance, stoop, kneel and crouch, and
occasionally crawl. He can have no exposure to extremes of
temperature or gases, chemicals or fumes. He can perform
simple, routine tasks and follow short, simple instructions.
He can do work that needs little or no judgment and can
perform simple duties that can be learned on the job in less
than 30 days. He can respond appropriately to supervision,
but cannot be required to work in close coordination with
coworkers where teamwork is required. He can have occasional
changes in the work environment. He can do work that requires
no contact with the general public to perform work tasks.
Step four: Plaintiff has no past relevant
Step five: As there are jobs that exist in
significant numbers in the national economy that plaintiff
can perform, he is not disabled.
Tr. 23-31. The Appeals Council denied plaintiff's request
for review, making the ALJ's decision the