United States District Court, W.D. Washington, Seattle
REPORT AND RECOMMENDATION
MICHELLE L. PETERSON, UNITED STATES MAGISTRATE JUDGE
seeks review of the denial of his applications for
Supplemental Security Income and Disability Insurance
Benefits. Plaintiff contends the administrative law judge
(“ALJ”) erred by finding his ankle impairment to
be nonsevere at step two, and in discounting the opinions of
Harold Lee, M.D. (Dkt. # 11.) As discussed below, the Court
RECOMMENDS that the Commissioner's final decision be
AFFIRMED and this matter DISMISSED with prejudice.
was born in 1967 and has a college education. AR at 203.
Plaintiff previously worked as a police officer in
Bosnia/Herzogovina, and as a home health care provider, human
services counselor, and patient transporter in the United
States. Id. at 202-03, 239. He was last gainfully
employed in 2010. Id.
December 2014, Plaintiff applied for benefits, alleging
disability as of March 31, 2010. AR at 66, 183-84.
Plaintiff's applications were denied initially and on
reconsideration, and Plaintiff requested a hearing.
Id. at 103-10, 113-27. After the ALJ conducted a
hearing on April 21, 2017 (id. at 37-64), the ALJ
issued a decision finding Plaintiff not disabled.
Id. at 17-29.
the five-step disability evaluation process,  the ALJ found:
Step one: Plaintiff has not engaged in substantial gainful
activity since the alleged onset date.
Step two: Plaintiff's obesity, residual groin pain status
post hernia repair and right orchiectomy, chronic obstructive
pulmonary disease, coronary artery disease status post heart
bypass surgery, hypertension, and lumbar degenerative disc
disease and compression deformities are severe impairments.
Step three: These impairments do not meet or equal the
requirements of a listed impairment.
Residual Functional Capacity: Plaintiff can perform light
work with additional limitations: he can lift/carry/push/pull
20 pounds occasionally and 10 pounds frequently. He can sit
up to six hours in an eight-hour workday, and stand and walk
six hours total in an eight-hour workday. He is limited to
occasional climbing of ladders and scaffolds, and crawling.
He can perform other postural activities on a frequent basis.
He cannot work around hazards such as unprotected heights and
heavy operating machinery, and cannot operate a motor
vehicle. He needs to avoid concentrated exposure to humidity
and wetness, extreme cold and extreme heat, and would not be
able to work around machinery causing vibrations.
Step four: Plaintiff cannot perform past relevant work.
Step five: As there are other jobs that exist in significant
numbers in the national economy that Plaintiff can perform,