Layna v. Commissioner of Social Security Administration

970 F. Supp. 812, 1997 WL 375543
CourtDistrict Court, D. Oregon
DecidedJuly 1, 1997
DocketCivil No. 96-1620-JO
StatusPublished

This text of 970 F. Supp. 812 (Layna v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Layna v. Commissioner of Social Security Administration, 970 F. Supp. 812, 1997 WL 375543 (D. Or. 1997).

Opinion

[815]*815 OPINION AND ORDER

ROBERT E. JONES, District Judge.

Claimant Julie K. Layna seeks judicial review of a final decision of the Commissioner of the Social Security Administration1 denying her application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under the Social Security Act (SSA).

This court has jurisdiction to review the Commissioner’s decision pursuant to 42 U.S.C. §§ 405(g) & 1383(c)(3). Following a careful review of the record, I uphold the Commissioner’s decision.

ADMINISTRATIVE HISTORY

Claimant filed an application for SSI on April 5, 1993 and for DIB on May 17, 1993. The SSA denied the applications initially and on reconsideration.

Claimant timely requested a hearing before an Administrative Law Judge (ALJ), which was held on July 7, 1994. Claimant appeared and was represented by counsel. She testified at the hearing, as did her daughter, Dawn Nida; her domestic partner, Peter Sully; and the vocational expert (VE), Robert A. Male, Ph.D. On September 1, 1994, the ALJ issued a decision denying claimant’s applications, determining that claimant was not disabled within the meaning of the Social Security Act.

Claimant applied to the Appeals Council for review of the ALJ’s decision, but the Council declined review. As a result, the ALJ’s decision became the final decision of the Commissioner.

Claimant then appealed to the district court. On January 17, 1996, Magistrate Judge Coffin filed Findings and Recommendation reversing the ALJ’s decision and remanding this case to the SSA. The Magistrate found that the ALJ failed to include in his hypothetical to the VE the limitations that claimant’s treating physician noted. The district court adopted Magistrate Judge Coffin’s Findings and Recommendation on February 6, 1996.

On remand, the ALJ held another hearing on June 17, 1996. Claimant appeared and was represented by counsel. She testified at the hearing, as did the VE. The ALJ again denied claimant’s applications for benefits on August 29, 1996, concluding that claimant retains the residual functional capacity to return to her prior work as a data entry clerk. As such, claimant is not disabled within the meaning of the Social Security Act and not entitled to DIB or SSL

Claimant again applied for review to the Appeals Council, but the Council declined review. As a result, the ALJ’s decision became the Commissioner’s final decision. Claimant now asks the court to review the ALJ’s 1996 decision.

[816]*816SUMMARY OF ALJ

The Social Security Administration evaluates disability claims which are evaluated according to a five-step procedure. Baxter v. Sullivan, 923 F.2d 1391, 1395 (9th Cir.1991); see 20 C.F.R. §§ 404.1520 and 416.920. The ALJ applied this five-step evaluation procedure to claimant’s factual situation. First, the ALJ determined that claimant had not engaged in substantial gainful activity since March 21, 1992.

Second, the ALJ concluded the medical evidence established that claimant has fibromyalgia, irritable bowel syndrome, and adjustment disorder with mixed emotional features. The ALJ then determined that these were severe impairments within the regulations’ meaning.

Third, the ALJ determined that claimant’s impairments did not meet or equal the criteria of any of the impairments listed in 20 C.F.R. § 404, Subpart P, Appendix 1 (1996).

Fourth, the ALJ assessed claimant’s ability to perform her past relevant work. The ALJ determined that claimant’s statements concerning her impairments and their impact on her ability to work were not entirely credible in light of the treating and examining practitioners’ reports. He found that claimant lacks the residual functional capacity (RFC) to lift and carry more than 20 pounds or more than ten pounds on a regular basis, to stand for more than an hour or walk for more than half an hour, to sit for more than two hours, or to do any firm grasping or firm manipulating. The ALJ further determined that in her past work as a data entry clerk, as generally performed in the national economy, claimant was not required to lift more than 10 pounds or remain on her feet for prolonged periods. The ALJ concluded that claimant’s past relevant work as a data entry clerk did not require her to work in ways precluded by her medically determinable impairments, and, therefore, that claimant’s impairments did not prevent her from performing her past relevant work.

Because the ALJ determined that claimant’s impairments do not prevent her from performing her past relevant work, he did not need to reach the fifth in the evaluation procedure, which would be to establish claimant’s ability to perform other work that exists in the national economy. Nevertheless, in the first administrative hearing, the ALJ posed a hypothetical to the YE that included claimant’s past work history and Dr. Sager’s report of claimant’s limitations. The VE testified that “two hours fits the normal time frame for breaks ..., where a person would get about a 15-minute break every two hours. In the world ... these days, [they’re] finding it’s better for people that do data entry [to] take a break every hour.” The VE concluded that claimant’s restrictions would not preclude her from her prior work as a data entry clerk.

Claimant’s counsel then posed a different hypothetical to the VE. This hypothetical included claimant’s allegations of problems regarding headaches, nausea, vomiting and dizziness which could occur three to four days a week; the need to elevate her feet above her heart two to three times a day for 20 minutes at a time on a “bad” day; muscle weakness and fatigue, with the result that the hypothetical claimant would have difficulty in reaching for things and be prone to drop objects; her experience with “good days and bad days” that might result in her not showing up to work some weeks and missing two or three days on other weeks; and, on bad days, her need for substantially more periods of rest or breaks throughout the day. The VE testified that such a person as described in this hypothetical could not do the past relevant work of the claimant “on a sustained basis.”

In the second administrative hearing, the ALJ also posed a hypothetical to the VE that including the limitations that claimant’s treating physician, Dr. Sager, reported, especially claimant’s possible future problems with frequent absences. The VE noted “there [are] some ... tacit contradiction^]” in Dr. Sager’s reports of whether claimant is disabled based on objective medical findings. Based on Dr. Sager’s entire report, the VE concluded that “an individual might be able to get a job, but would [not] be likely to keep [it] for ... any regular or reasonable period of time, because of the increased absences, fatigue, perhaps reduced performance lev[817]*817els.” Claimant’s counsel had no questions for the YE.

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Bluebook (online)
970 F. Supp. 812, 1997 WL 375543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layna-v-commissioner-of-social-security-administration-ord-1997.