Moon v. Colvin

139 F. Supp. 3d 1211, 2015 U.S. Dist. LEXIS 132533, 2015 WL 5772092
CourtDistrict Court, D. Oregon
DecidedSeptember 30, 2015
DocketCiv. No. 3:14-cv-00855-PA
StatusPublished
Cited by34 cases

This text of 139 F. Supp. 3d 1211 (Moon v. Colvin) 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
Moon v. Colvin, 139 F. Supp. 3d 1211, 2015 U.S. Dist. LEXIS 132533, 2015 WL 5772092 (D. Or. 2015).

Opinion

ORDER

PANNER, District Judge.

Plaintiff Arcadia Moon (“Plaintiff® seeks judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying her claim for Title II Disability Insurance Benefits (“DIB”) pursuant to 42 U.S.C. § 423. For the reasons below, the Commissioner’s decision is REVERSED and REMANDED for payment of benefits.

BACKGROUND

Born in October 1969, Plaintiff was 39 years old on the alleged disability onset daté of September 30, 2009. Tr. '45. Plaintiff speaks English and graduated from high school. Tr. 33. In December 2010, Plaintiff filed an application for DIB, alleging disability due to attention deficit hyperactivity disorder (“ADHD”), post-traumatic stress disorder (“PTSD”), generalized anxiety disorder, major depressive disorder, insomnia, social anxiety/phobia, and transgender status. Tr. 45.

The Commissioner denied Plaintiffs application for- DIB initially and upon reconsideration and she requested a hearing before an Administrative Law Judge (“ALJ”). Tr. 14. After an administrative hearing held on December 19, 2012, ALJ Riley J. Atkins issued a decision finding Plaintiff not disabled. Tr. 14-24. The Appeals Council denied Plaintiffs subsequent request for review, making the ALJ’s decision the final Agency decision. Tr. 1-3; 20 C.F.R. § 422.210.

DISABILITY ANALYSIS

A claimant is disabled if he or she is unable to “engage in any substantial gainful activity by reason 'of any medically determinable physical1 or mental impairment which .. .■ has lasted or can be expected to last for a continuous period of not less than 12 months®” 42 U.S.C. § 423(d)(1)(A). “Social Security Regulations set out a five-step sequential process for determining whether an applicant is disabled within the meaning of the Social Security Act.” Keyser v. Comm’r, 648 F.3d 721, 724 (9th Cir.2011). Each step is potentially dispositive; 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). ■ The five-step sequential process asks the following series of questions:
1. Is the claimant performing “substantial gainful activity?” 20 C.F.R. §§ 404.1520(a)(4)®; 416.920(a)(4)®. This activity is work involving significant mental or physical duties done or intended to be . done for pay or profit. 20 C.F.R. §§ 404.1510; 416.910. If the claimant is performing such work, she is not disabled within the meaning of the Act. 20 C.F.R. §§ 404.1520(a)(4)®; 416.920(a)(4)®. If the claimant is not performing substantial gainful activity, the analysis proceeds to step two.
[1216]*12162. Is the claimant’s impairment “severe” under the Commissioner’s regulations? ■ 20 C.F.R. §§ 404.1520(a)(4)(h);
416.920(a)(4)(h). Unless expected to result in death, an impairment is “severe”- if it significantly limits the claimant’s physical or mental ability to do basic work activities. 20 C.F.R. §§ 404.1521(a); 416.921(a). This impairment, must have lasted or must be expected to last for a continuous period of at least 12 months. 20 C.F.R. §§ 404.1509; 416.909. If the claimant does not have a severe impairment, the analysis ends. 20 C.F.R. ■§§ 404.1520(a)(4)(h); 416.920(a)(4)(h). If the claimant has a severe impairment, .the analysis proceeds to step three.
3. Does the claimant’s severe impairment “meet or equal” one or more of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1? If so, then the claimant is disabled. 20 C.F.R. §§ 404.1520(a)(4)(iii); 416.920(a)(4)(iii). If the impairment does not meet or equal one or more of the listed impairments, the analysis proceeds beyond step three. At that point, the ALJ must evaluate medical and other relevant evidence to assess and determine the claimant’s “residual functional capacity” (“RFC”). This is an assessment of work-related activities that the claimant may still perform on a reg- ■ ular and continuing basis, despite any limitations imposed by his or her impairments. 20 C.F.R. ' §§ 404.1520(e); 404.1545(b)-(c); 416.920(e); 416.945(b)-(c). After the ALJ determines the claimant’s RFC, the analysis proceeds to step four.
4. Can the claimant perform his or her “past relevant work” with this RFC , assessment? If so, then the claimant is not disabled. • 20 C.F.R. §§ 404.1520(a)(4)(iv);
416.920(a)(4)(iv). If the claimant cannot perform his or her past relevant work, the analysis- proceeds to step five.
5.Considering the claimant’s RFC and age, education, and work experience, is the claimant able to make an adjustment to other work that exists in significant numbers in the national economy? If so, then the claimant is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(v);
416.920(a)(4)(v); 404.1560(c); 416.960(c). If the claimant cannot perform' such work, he- or she is disabled. Id.

See also Bustamante v. Massanari, 262 F.3d 949, 954 (9th Cir.2001).

The claimant bears the burden of proof at steps one through four. Id. at 953. The Commissioner bears the burden of proof at step five. Id. at 953-54. At step five, the Commissioner must show thát the claimant can perform other work that exists in significant numbers in the national economy, “taking into consideration the claimant’s residual functional capacity, agé, education, and work experience.” Tackett v. Apfel, 180 F.3d 1094, 1100 (9th Cir.1999); see also 20 C.F.R. §§ 404.1566; 416.966 (describing “work which exists in the national economy”). If the Commissioner fails to meet this burden, the claimant is disabled. 20 C.F.R. §§ 404.1520(a)(4)(v); 416.920(a)(4)(v).

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139 F. Supp. 3d 1211, 2015 U.S. Dist. LEXIS 132533, 2015 WL 5772092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moon-v-colvin-ord-2015.