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.

Kimberly v. Commissioner of Social Security

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

November 19, 2019

KIMBERLY D., Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER

          MICHELLE L. PETERSON United States Magistrate Judge

         I. INTRODUCTION

         Plaintiff seeks review of the denial of her application for Disability Insurance Benefits. Plaintiff contends the administrative law judge (“ALJ”) erred by finding at step four that she could perform her past work and by discounting her subjective statements. (Dkt. # 10 at 1.) As discussed 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).

         II. BACKGROUND

         Plaintiff was born in 1961, has a high school diploma, and has worked as an electronics factory assembler and operator. AR at 185, 193, 211. Plaintiff was last gainfully employed in 2014. Id. at 193, 211.

         In October 2015, Plaintiff applied for benefits, alleging disability as of November 7, 2014. AR at 164-65. Plaintiff's application was denied initially and on reconsideration, and Plaintiff requested a hearing. Id. at 91-97, 99-105. After the ALJ conducted a hearing on September 27, 2017 (id. at 32-65), the ALJ issued a decision finding Plaintiff not disabled. Id. at 15-27.

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

Step one: Plaintiff has not engaged in substantial gainful activity since the alleged onset date.
Step two: Plaintiff's degenerative disc disease and chronic pain are severe impairments.
Step three: These impairments do not meet or equal the requirements of a listed impairment.[2]
Residual Functional Capacity: Plaintiff can perform light work with additional limitations: she can lift/carry up to 20 pounds occasionally and up to 10 pounds frequently. She must work in a job where some of the work is performed at a workstation or desk, but the job also includes some duties that would involve getting up to go get tools or files or give something to someone so that she could limit her standing/walking to approximately four hours and could sit for approximately six hours out of an eight-hour work day (with normal breaks). She can occasionally climb ramps or stairs, balance, stoop, kneel, and crouch. She can never climb ladders, ropes, or scaffolds, or crawl. She can frequently reach overhead. She must avoid concentrated exposure to excessive vibration and workplace hazards such as working with dangerous machinery and at unprotected heights.
Step four: Plaintiff can perform past relevant work, and is therefore not disabled. AR at 15-27.

         As the Appeals Council denied Plaintiff's request for review, the ALJ's decision is the Commissioner's final decision. AR at 1-6. Plaintiff appealed the final decision of the Commissioner to this Court. (Dkt. # 10.)

         III. ...


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.