Khamis v. Commissioner of Social Security Administration

District Court, D. Arizona·Decided September 29, 2020·No. 2:19-cv-05385·Unknown

Opinion

WO

Ahmed Khamis, No. CV-19-05385-PHX-MTL

Plaintiff, ORDER

v.

Commissioner of Social Security Administration, Defendant. At issue is the Commissioner of Social Security Administration’s (“Commissioner”) denial of Plaintiff’s application for supplemental security income under Title XVI of the Social Security Act (“Act”). Plaintiff filed a Complaint (Doc. 1) seeking judicial review. The Court now considers Plaintiff’s Opening Brief (Doc. 16, “Pl. Br.”), the Defendant’s Response (Doc. 17, “Def. Br.”), and Plaintiff’s Reply (Doc. 18, “Reply”). The Court has reviewed the briefs and Administrative Record (Doc. 11, “R.”). For the following reasons, the decision is affirmed. I. BACKGROUND1 Plaintiff filed his application for benefits on August 21, 2015, alleging disability as of that same day due to various mental impairments and a heart condition.2 (R. at 22, 28,

1 The Court has reviewed the entirety of the medical evidence. In lieu of providing a detailed summary of it here, the Court will reference and incorporate particular evidence as appropriate in its analysis.

2 This appeal is limited to the ALJ’s consideration of Plaintiff’s mental impairments. (Pl. Br. at 8 n.4.) 248.) The application was denied at the initial and reconsideration levels, and a hearing before an administrative law judge (“ALJ”) followed. (Id. at 22, 76–101.) The ALJ again denied Plaintiff’s application, finding him not disabled on August 1, 2018. (Id. at 22–35.) Therein, the ALJ found Plaintiff had “severe”3 impairments of schizoaffective disorder, post-traumatic stress disorder, and generalized anxiety disorder. (Id. at 24.) Despite these impairments, the ALJ found that Plaintiff had the residual functional capacity (“RFC”)4 to perform work at all exertional levels but with non-exertional limitations to unskilled work involving simple instructions, occasional contact with co-workers, no teamwork, and no contact with the public. (Id. at 28.) Based on this RFC assessment; Plaintiff’s age, education, and work experience; and the testimony of a vocational expert (“VE”), the ALJ found that Plaintiff could perform work as a janitorial worker and housekeeper and was therefore not disabled. (Id. at 34–35.) Afterward, the Appeals Council denied review and the decision became final. (Id. at 1–4.) In reviewing a decision of the Commissioner, the Court only reviews issues raised by the party challenging the decision. Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1161 n.2 (9th Cir. 2008); see also Kim v. Kang, 154 F.3d 996, 1000 (9th Cir. 1998) (“[The Court] will not ordinarily consider matters on appeal that are not specifically and distinctly argued in appellant’s opening brief.”). The Court may affirm, modify, or reverse the decision, with or without remanding the cause for a rehearing. 42 U.S.C. § 405(g). The Court may set aside the decision only when it is not supported by “substantial evidence” or is based on legal error. Trevizo v. Berryhill, 871 F.3d 664, 674 (9th Cir. 2017). “Substantial evidence means more than a mere scintilla, but less than a preponderance. It means such relevant evidence as a reasonable mind might accept as adequate to support a

3 An “impairment or combination of impairments” is “severe” if it “significantly limits [the] physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c).

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