United States District Court, W.D. Washington, Seattle
MICHELLE L. PETERSON United States Magistrate Judge.
seeks review of the denial of his applications for
Supplemental Security Income and Disability Insurance
Benefits. Plaintiff contends the administrative law judge
(“ALJ”) erred at step five by relying on
vocational expert (“VE”) testimony that Plaintiff
could perform jobs that exist in significant numbers in the
national economy, despite Plaintiff's post-hearing
challenge and request for a supplemental hearing. (Dkt. # 10
at 1.) As discussed below, the Court AFFIRMS the
Commissioner's final decision and DISMISSES the case with
was born in 1974, has a high school diploma and some college
education, and has worked as a tractor-trailer truck driver.
AR at 52, 60. Plaintiff was last gainfully employed in 2015.
Id. at 231.
October 2015, Plaintiff applied for benefits, alleging
disability as of June 1, 2013. AR at 190-205. Plaintiff's
applications were denied initially and on reconsideration,
and Plaintiff requested a hearing. Id. at 123-26,
131-38. After the ALJ conducted a hearing on October 25, 2017
(id. at 46-66), the ALJ issued a decision finding
Plaintiff not disabled. Id. at 17-28.
Step one: Plaintiff has worked since the alleged onset date,
but the work did not rise to the level of substantial gainful
Step two: Plaintiff has the following severe impairments:
obesity; status post gastric bypass; history of traumatic
brain injury with residual headaches; obstructive sleep
apnea; left knee osteoarthritis and degenerative joint
disease; and mental health conditions described as depression
and attention deficit disorders.
Step three: These impairments do not meet or equal the
requirements of a listed impairment.
Residual Functional Capacity: Plaintiff can perform sedentary
work with additional limitations: he can lift/carry 10 pounds
occasionally and frequently. He can sit about six hours, and
can stand and walk about two hours in an eight-hour workday.
He can frequently stoop, and occasionally kneel and crawl. He
must avoid concentrated exposure to cold, heat, vibration,
and hazards such as machinery and heights. He can do simple
routine work with occasional contact with the public.
Step four: Plaintiff cannot perform past relevant work.
Step five: As there are jobs that exist in significant
numbers in the national economy that Plaintiff can perform,