Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Veth K. v. Commissioner of Social Security

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

September 11, 2019

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

          ORDER REVERSING THE COMMISSIONER

          BRIAN A. TSUCHIDA CHIEF UNITED STATES MAGISTRATE JUDGE

         Plaintiff seeks review of the denial of her application for Disability Insurance Benefits. She contends the ALJ erred in assessing the opinions of several doctors, her subjective testimony, and her son's lay statement, and these errors led to a residual functional capacity (“RFC”) determination that does not account for all of her limitations. Dkt. 13. For the reasons 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).

         BACKGROUND

         Plaintiff is currently 55 years old, had some high school education in Thailand and had additional sewing training, and has worked in the United States as a seamstress. Tr. 54, 182. In November 2013, she applied for benefits, alleging disability as of April 24, 2013. Tr. 160-66. Her application was denied initially and on reconsideration. Tr. 101-03, 107-11. The ALJ conducted a hearing on January 28, 2016 (Tr. 49-75), and subsequently found Plaintiff not disabled. Tr. 28-39. The Appeals Council denied review making the ALJ's decision the Commissioner's final decision. Tr. 15-20.

         THE ALJ'S DECISION

         Utilizing the five-step disability evaluation process, [1] the ALJ found:

Step one: Plaintiff had not engaged in substantial gainful activity since the alleged onset date.
Step two: Plaintiff's carpal tunnel sundrome, status post surgical repair; shoulder tendinitis; adhesive capsulitis; degenerative disc disease; minimal degenerative joint disease of the wrist; migraine; shoulder impingement; and scapular dyskinesia are severe impairments.
Step three: These impairments did not meet or equal the requirements of a listed impairment.[2]
RFC: Plaintiff can perform light work with additional limitations: she cannot climb ladders, ropes, or scaffolds. She can occasionally climb ramps and stairs, balance, stoop, kneel, and crouch. She can perform work that does not require her to crawl. She can perform work that avoids concentrated exposure to extreme temperatures, hazards, and vibrations. She can occasionally reach overhead bilaterally. She can frequently reach in all other directions, handle, finger, and feel with the left arm. She can occasionally reach in all other directions, handle, finger, and feel with the right arm.
Step four: Plaintiff cannot perform her past work.
Step five: As there are jobs that exist in significant numbers in the national economy that Plaintiff can perform, she is not disabled.

Tr. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.