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Keith K. v. Commissioner of Social Security

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

October 3, 2019

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

          ORDER AFFIRMING THE COMMISSIONER'S FINAL DECISION AND DISMISSING THE CASE WITH PREJUDICE

          THOMAS S. ZILLY, UNITED STATES DISTRICT JUDGE

         Plaintiff seeks review of the denial of his application for Supplemental Security Income and Disability Insurance Benefits. Plaintiff contends the ALJ erred by rejecting his testimony and four medical sources' opinions. Dkt. 11. As discussed below, the Court AFFIRMS the Commissioner's final decision and DISMISSES the case with prejudice.

         BACKGROUND

         Plaintiff is currently 46 years old, has a high school education, and has no past relevant work. Dkt. 8, Admin. Record (AR) 50. Plaintiff applied for benefits in January 2015, alleging disability as of June 23, 2011. AR 229. Plaintiff's applications were denied initially and on reconsideration. AR 227, 228, 253, 254. After the ALJ conducted hearings in 2016 and 2017, the ALJ issued a decision finding Plaintiff not disabled. AR 130, 163, 34-52.

         THE ALJ'S DECISION

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

Step one:
Plaintiff has not engaged in substantial gainful activity since the June 2011 alleged onset date.
Step two:
Plaintiff has the following severe impairments: chondromalacia patellae; diabetes mellitus; gout; obesity; post-traumatic stress disorder (PTSD); social phobia; personality disorder, not otherwise specified; generalized anxiety disorder; major depressive disorder; and borderline personality disorder.
Step three:
These impairments do not meet or equal the requirements of a listed impairment.[2]
Residual Functional Capacity:
Plaintiff can perform light work, except he can never climb ladders, ropes, or scaffolds; occasionally climb ramps and stairs; occasionally balance, stoop, kneel, crouch, and crawl; and must avoid concentrated exposure to vibrations and pulmonary irritants. Plaintiff can perform unskilled and semi-skilled tasks, up to a specific vocational preparation (SVP) level of 4. He can have no public interaction, superficial contact with coworkers, and occasional interaction with supervisors. He can perform low-stress work, defined as requiring few decisions and few changes. He can perform at a standard or ordinary pace but not a strict production rate pace in which he has no control over the speed of the work.
Step four:
Plaintiff has no past relevant ...

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