United States District Court, W.D. Washington, Tacoma
ORDER AFFIRMING THE COMMISSIONER'S DECISION AND
DISMISSING THE CASE WITH PREJUDICE
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
seeks review of the denial of his application for
Supplemental Security Income, contending the ALJ erred in
evaluating two medical opinions and two lay witness
statements. Dkt. 10. As discussed below, the Court
AFFIRMS the Commissioner's final
decision and DISMISSES the case with
is currently 54 years old, has a high school education, and
has worked as a shingle sawyer, saw mill laborer, and bolter.
Administrative Record (AR) 27. Plaintiff applied for benefits
in October 2015 and alleges disability as of the application
date. AR 41, 15, 116. Plaintiff's applications were
denied initially and on reconsideration. AR 115, 125. After a
hearing in October 2017, the ALJ issued a decision finding
Plaintiff not disabled. AR 36, 15-29.
the five-step disability evaluation process in 20 C.F.R.
§ 416.920, the ALJ found:
Step one: Plaintiff has not engaged in
substantial gainful activity since the application date.
Step two: Plaintiff has the following severe
impairments: lumbar spine spondylolisthesis, lumbar spine
degenerative disc disease and degenerative joint disease with
status post surgery, asthma, bipolar disorder, anxiety
disorder, and post-traumatic stress disorder.
Step three: These impairments do not meet or
equal the requirements of a listed impairment under 20 C.F.R.
Part 404, Subpart P, Appendix 1.
Residual Functional Capacity: Plaintiff can
perform light work. He can occasionally crawl and climb
ladders, ropes, and scaffolds. He can tolerate occasional
exposure to vibration, extreme cold, and concentrated dusts,
fumes, gases, odors, poor ventilation, and pulmonary
irritants. He can understand, remember, and apply short,
simple instructions and perform routine, predictable tasks.
He cannot tolerate a fast-paced production type environment.
He can make simple work-related decisions, and tolerate
occasional workplace changes and occasional interaction with
coworkers and the public.
Step four: Plaintiff cannot perform past
Step five: As there are jobs that exist in
significant numbers in the national economy that Plaintiff
can perform, he is not disabled.
AR 17-29. The Appeals Council denied Plaintiff's request
for review, making the ALJ's decision the