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Glenn K. v. Commissioner of Social Security

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

June 21, 2019

GLENN K., 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 his weighing of Plaintiff's allegations about the impact of his heart disease and chronic obstructive pulmonary disease (COPD) on his functioning and this impacted the ALJ's residual functional capacity assessment as well as the Step Five findings. (Dkt. # 11 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 1965, has a tenth grade education, and has worked as a machine operator using a grinder and sander and eventually a water jet operator, he has also worked as a caregiver for his grandmother, and a forklift operator. AR at 182-183. Plaintiff was let go in 2010 after a DUI arrest that prevented him from showing up for work as a forklift operator. Id. at 183. Plaintiff was diagnosed with a heart issue a month later. Id. Plaintiff had a stent put into his heart in March 2010. Id. at 184. Plaintiff was last gainfully employed in February 2010. Id. at 183.

         On February 2, 2016, Plaintiff applied for benefits, alleging disability as of July 23, 2014. AR at 91. Plaintiff's applications were denied initially and on reconsideration, and Plaintiff requested a hearing. Id. After the ALJ conducted a hearing on June 6, 2017, the ALJ issued a decision finding Plaintiff not disabled. Id. at 101.

Utilizing the five-step disability evaluation process, [1] the ALJ found:
Step one: Plaintiff has not engaged in substantial gainful activity since July 23, 2014.
Step two: Plaintiff has the following severe impairments: chronic heart failure, coronary artery disease, and COPD.
Step three: These impairments do not meet or equal the requirements of a listed impairment.[2]
Residual Functional Capacity: Plaintiff can perform light work, he can occasionally climb ladders, ropes or scaffolds, he can have occasional exposure to vibration, temperature and humidity extremes, and concentrated levels of dust, fumes, gases, poor ventilation, and the like.
Step four: Plaintiff cannot perform past relevant work.
Step five: As there are jobs that exist in significant numbers in the national economy that Plaintiff can perform, ...

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