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Lamont B. v. Commissioner of Social Security

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

June 13, 2019

DANA LAMONT B., Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER

          MICHELLE L. PETERSON, UNITED STATES MAGISTRATE JUDGE.

         I. INTRODUCTION

         Plaintiff seeks review of the denial of his application for Supplemental Security Income and Disability Insurance Benefits. Plaintiff contends the administrative law judge (“ALJ”) erred in evaluating Plaintiff's symptom testimony. (Dkt. # 9 at 1.) As discussed below, the Court AFFIRMS the Commissioner's final decision and DISMISSES the case with prejudice.

         II. BACKGROUND

         Plaintiff was born in 1975, has a GED, and has worked as an assistant restaurant manager, as a petty officer in the Navy, as a groundskeeper, and in security. AR at 38, 184, 202, 215. Plaintiff was last gainfully employed in 2008. Id. at 183.

         On September 18, 2017, Plaintiff applied for benefits, alleging disability as of October 29, 2010.[1] AR at 35. Plaintiff's applications were denied initially and on reconsideration, and Plaintiff requested a hearing. Id. at 67, 75, 98-99. After the ALJ conducted a hearing on May 10, 2018, the ALJ issued a decision finding Plaintiff not disabled. Id. at 14-31.

         Utilizing the five-step disability evaluation process, [2] the ALJ found:

Step one: Plaintiff has not engaged in substantial gainful activity during the period from his amended alleged onset date of October 29, 2010 through his date last insured of September 30, 2013.
Step two: Plaintiff has the following severe impairments: bipolar disorder and diabetes mellitus.
Step three: These impairments do not meet or equal the requirements of a listed impairment.[3]
Residual Functional Capacity: Plaintiff can perform medium work as defined in 20 CFR 404.1567(c) except that the work is limited to a work environment free of fast-paced production requirements with only occasional, superficial interaction with the public and coworkers.
Step four: Plaintiff can perform past relevant work as a groundskeeper, industrial commercial.
Step five: In the alternative, as there are other jobs that exist in significant numbers in the national economy that Plaintiff can ...

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