United States District Court, W.D. Washington, Tacoma
ORDER REVERSING THE COMMISSIONER'S FINAL DECISION
AND REMANDING THE CASE FOR FURTHER ADMINISTRATIVE
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.
seeks review of the denial of his applications for
Supplemental Security Income and Disability Insurance
Benefits. Plaintiff contends the ALJ erred by rejecting the
opinions of treating neurologist W. Dale Overfield, M.D., and
relying on the opinions of non-examining doctor Mark
Magdaleno, M.D. Pl. Op. Br. (Dkt. 9) 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.
is 41 years old, has an 11th grade education, and has worked
as a truck driver. Admin. Record (“AR”) (Dkt. 11)
43. Plaintiff applied for benefits on June 4, 2015, alleging
disability as of January 11, 2011. See AR 70,
221-33. Plaintiff later amended his alleged onset date to
June 4, 2015. AR 41, 43. Plaintiff's applications were
denied initially and on reconsideration. AR 72-96, 99-126.
After the ALJ conducted a hearing on September 19, 2017, the
ALJ issued a decision finding Plaintiff not disabled. AR
the five-step disability evaluation process,  the ALJ found:
Step one: Plaintiff has not engaged in
substantial gainful activity since June 4, 2015, the amended
alleged onset date.
Step two: Plaintiff has the following severe
impairments: Migraines, major depressive disorder, and
posttraumatic stress disorder.
Step three: These impairments do not meet or
equal the requirements of a listed impairment.
Residual Functional Capacity
(“RFC”): Plaintiff can perform the full
range of work at all exertional levels with non-exertional
limitations. He can occasionally climb ladders, ropes, and
scaffolds. He can occasionally balance. He can have
occasional exposure to hazards, bright lights, extreme
temperatures, and extreme humidity. He can occasionally
engage in commercial driving. He can understand, remember,
and apply detailed but not complex instructions.
Step four: Plaintiff cannot perform past
Step five: Considering Plaintiff's age,
education, work experience, and RFC, there are jobs that
exist in significant numbers in the national economy that he
can perform, so Plaintiff is not disabled.
AR 15-26. The Appeals Council denied Plaintiff's request
for review, making the ALJ's decision the