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Christopher K. v. Commissioner of Social Security

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

September 6, 2019

CHRISTOPHER K., Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER REVERSING AND REMANDING DENIAL OF BENEFITS

          BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE

I. BASIC DATA

         Type of Benefits Sought:

(X) Disability Insurance
( ) Supplemental Security Income

         Plaintiff's:

Sex: Male
Age: 57 at the time of alleged disability onset.

         Principal Disabilities Alleged by Plaintiff: Lumbar spinal stenosis, degenerative disc disease, osteoarthritis, carpal tunnel syndrome, bone spurs, cervical problems, ruptured and bulging discs, bilateral low back pain with sciatica, moderate to severe impingement of L6 and sacral nerve roots. Admin. Record (“AR”) (Dkt. # 7) at 103.

Disability Allegedly Began: July 10, 2015
Principal Previous Work Experience: Patrol guard Education Level Achieved by Plaintiff: GED

         II. PROCEDURAL HISTORY-ADMINISTRATIVE

         Before Administrative Law Judge (“ALJ”):

Date of Hearing: November 28, 2017
Date of Decision: March 22, 2018
Appears in Record at: AR at 22-32

Summary of Decision:

         The claimant has not engaged in substantial gainful activity since July 10, 2015, the alleged onset date. See 20 C.F.R. §§ 404.1571-76.

         The claimant has the following severe impairments: Obesity, sciatica, degenerative disc disease, spinal stenosis, scoliosis, spondylosis, arthropathy, radiculopathy, status post spinal surgeries, arthritis, carpal tunnel syndrome, and ulnar neuropathy. See 20 C.F.R. § 404.1520(c).

         The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. See 20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526.

         The claimant has the residual functional capacity (“RFC”) to perform light work as defined in 20 C.F.R. § 404.1567(b), with exceptions. He can occasionally crawl, and climb ladders, ropes, or scaffolds. He can frequently stoop, crouch, and climb ramps and stairs. He can occasionally reach overhead. He can frequently handle and finger. He cannot have concentrated exposure to extreme cold, vibrations, or hazards.

         The claimant is capable of performing past relevant work as a security guard. This work does not require the performance of work-related activities precluded by the claimant's RFC. See 20 C.F.R. § 404.1565. Alternatively, the claimant is capable of other work that exists in significant numbers in the national economy.

         The claimant has not been under a disability, as defined in the Social Security Act, from July 10, 2015, through the date of the ALJ's ...


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