Knigge v. Commissioner of Social Security

CourtDistrict Court, W.D. Washington
DecidedSeptember 29, 2021
Docket3:20-cv-05956
StatusUnknown

This text of Knigge v. Commissioner of Social Security (Knigge v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knigge v. Commissioner of Social Security, (W.D. Wash. 2021).

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 ELISSA K., 9 Plaintiff, Case No. C20-5956-SKV 10 v. ORDER REVERSING THE COMMISSIONER’S DECISION 11 COMMISSIONER OF SOCIAL SECURITY, 12 Defendant. 13 Plaintiff seeks review of the denial of her application for Supplemental Security Income. 14 Having considered the ALJ’s decision, the administrative record (“AR”), and all memoranda of 15 record, the Court REVERSES the Commissioner’s final decision and REMANDS the matter for 16 further administrative proceedings under sentence four of 42 U.S.C. § 405(g). 17 BACKGROUND 18 Plaintiff was born in 1971, has two years of college education, and previously worked as 19 a receptionist, call center assistant supervisor, cashier checker, court clerk, temporary office 20 worker, jewelry order filler, and stocker. AR 257, 950. Plaintiff was last gainfully employed in 21 November 2013. AR 270. 22 23 1 In June 2014, Plaintiff applied for benefits, with an amended alleged onset date of June 2 25, 2014. AR 933. Plaintiff’s application was denied initially and on reconsideration, and 3 Plaintiff requested a hearing. AR 136-39, 147-56. 4 After ALJ Richard Geib conducted a hearing in September 2016 (AR 61-104), he issued

5 a decision finding Plaintiff not disabled. AR 38-60. The Appeals Council denied Plaintiff’s 6 request for review (AR 1-7), but the U.S. District Court for the Western District of Washington 7 granted the parties’ stipulation to reverse the ALJ’s decision and remand for further 8 administrative proceedings. AR 1043. 9 On remand, ALJ Geib held hearings in December 2019 and March 2020 (AR 959-1019), 10 and subsequently issued another decision finding Plaintiff not disabled. AR 929-58. 11 THE ALJ’S DECISION 12 Utilizing the five-step disability evaluation process,1 the ALJ found:

13 Step one: Plaintiff has not engaged in substantial gainful activity since the application date. 14 Step two: Plaintiff has the following severe impairments: solar urticaria/light sensitivity, 15 obesity, fibromyalgia, peripheral neuropathy, cervical degenerative disc disease, left hand arthritis, bipolar, post-traumatic stress disorder, anxiety, borderline personality disorder. 16 Step three: These impairments do not meet or equal the requirements of a listed 17 impairment.2

18 Residual Functional Capacity (“RFC”): Plaintiff can perform light work with additional limitations: she can occasionally climb ramps and stairs. She can never climb 19 ladders, ropes, and scaffolds. She can occasionally balance, stoop, kneel, crouch, and crawl. She can frequently handle, finger, and feel with the left upper extremity. She 20 should avoid concentrated exposure to extreme cold and heat, vibrations, fumes, odors, dusts, and gases. She can perform work involving simple, routine tasks, and can have 21 occasional superficial interaction with the general public. She can have occasional interaction with co-workers and supervisors and can perform work involving only 22 occasional changes in the work routine and setting. She can perform work in environments that do not involve direct sunlight (i.e. indirect natural lighting is 23 1 20 C.F.R. §§ 404.1520, 416.920. 2 20 C.F.R. Part 404, Subpart P, App. 1. 1 acceptable but work outside is not acceptable); and can perform work involving moderate indoor temperatures as found in office buildings. 2 Step four: Plaintiff cannot perform past relevant work. 3 Step five: As there are jobs that exist in significant numbers in the national economy that 4 Plaintiff can perform, Plaintiff is not disabled.

5 AR 932-51. 6 The Appeals Council denied Plaintiff’s request for review, making the ALJ’s decision the 7 Commissioner’s final decision. AR 920-26. Plaintiff appealed the final decision of the 8 Commissioner to this Court. Dkt. 5. 9 LEGAL STANDARDS 10 Under 42 U.S.C. § 405(g), this Court may set aside the Commissioner’s denial of social 11 security benefits when the ALJ’s findings are based on harmful legal error or not supported by 12 substantial evidence in the record as a whole. Bayliss v. Barnhart, 427 F.3d 1211, 1214 (9th Cir. 13 2005). As a general principle, an ALJ’s error may be deemed harmless where it is 14 “inconsequential to the ultimate nondisability determination.” Molina v. Astrue, 674 F.3d 1104, 15 1115 (9th Cir. 2012) (cited sources omitted). The Court looks to “the record as a whole to 16 determine whether the error alters the outcome of the case.” Id. 17 Substantial evidence is “more than a mere scintilla. It means - and means only - such 18 relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” 19 Biestek v. Berryhill, 139 S. Ct. 1148, 1154 (2019) (cleaned up); Magallanes v. Bowen, 881 F.2d 20 747, 750 (9th Cir. 1989). The ALJ is responsible for evaluating symptom testimony, resolving 21 conflicts in medical testimony, and resolving any other ambiguities that might exist. Andrews v. 22 Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995). While the Court is required to examine the record 23 as a whole, it may neither reweigh the evidence nor substitute its judgment for that of the 1 Commissioner. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002). When the evidence is 2 susceptible to more than one rational interpretation, it is the Commissioner’s conclusion that 3 must be upheld. Id. 4 DISCUSSION

5 Plaintiff argues the ALJ erred in assessing her testimony, the medical evidence, and the 6 lay evidence, and that these errors led to errors in the ALJ’s RFC assessment and step-five 7 findings. Dkt. 21 at 2, 17-18. Plaintiff also argues that if she does not prevail on any of those 8 arguments, her case should also be remanded due to an Appointments Clause violation, under 9 Lucia v. S.E.C., 138 S. Ct. 2044 (2018). The Commissioner argues the ALJ’s decision is free of 10 harmful legal error, supported by substantial evidence, and should be affirmed. 11 A. The ALJ Did Not Err in Discounting Plaintiff’s Testimony 12 The ALJ summarized Plaintiff’s allegations (AR 940) and explained that he discounted 13 them because (1) Plaintiff’s allegations as to her light sensitivity condition were inconsistent 14 with the objective evidence and undermined by her lack of specialized treatment for this

15 condition; (2) Plaintiff’s allegations as to her fibromyalgia were unsupported by objective 16 medical evidence and she reported improvement with medication; (3) Plaintiff’s allegations as to 17 her cervical degenerative disc disease, peripheral neuropathy, arthritis, asthma, and obesity were 18 inconsistent with the objective medical record; (4) Plaintiff’s allegations as to mental 19 impairments were inconsistent with the at most moderate findings in the objective record and 20 inconsistent with Plaintiff’s limited mental health treatment during the adjudicated period; and 21 (5) Plaintiff’s daily activities were inconsistent with her limitations. AR 940-47.

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Knigge v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knigge-v-commissioner-of-social-security-wawd-2021.