Morse v. Colvin

31 F. Supp. 3d 1129, 2014 WL 535215, 2014 U.S. Dist. LEXIS 17282
CourtDistrict Court, E.D. Washington
DecidedFebruary 11, 2014
DocketCase No. 12-CV-00573 (VEB)
StatusPublished

This text of 31 F. Supp. 3d 1129 (Morse v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morse v. Colvin, 31 F. Supp. 3d 1129, 2014 WL 535215, 2014 U.S. Dist. LEXIS 17282 (E.D. Wash. 2014).

Opinion

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. INTRODUCTION

In December of 2010, Plaintiff Jeffrey B. Morse applied for Supplemental Security Income (“SSI”) benefits under the Social Security Act, alleging disability due to several physical and psychological impairments. The Commissioner of Social Security denied the application.

Plaintiff, represented by the Law Office of Dana C. Madsen, Maureen J. Rosette Esq., of counsel, commenced this action seeking judicial review of the Commissioner’s denial of benefits pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). The parties consented to the jurisdiction of a United States Magistrate Judge. (Docket No. 7).

[1132]*1132On January 3, 2014, the Honorable Rosanna Malouf Peterson, Chief United States District Judge, referred this case to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket No. 22).

II. BACKGROUND

The procedural history may be summarized as follows:

On December 16, 2010, Plaintiff applied for SSI benefits, alleging disability beginning December 1, 2008. (T at 23, 200-208).1 The application was denied initially and Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). On January 4, 2012, a hearing was held before ALJ.R-J. Payne. (T at 39). Plaintiff appeared with an attorney. (T at 39). The ALJ received testimony from two medical experts, Dr. Richard Hutson (T at 42-48) and Dr. Donna Veraldi (T at 49-56). The hearing was continued to May 5, 2012. Plaintiff appeared with his attorney and testified. (T at 68-90). Additional testimony was received from Dr. Veraldi. (T at 61-68). The ALJ also heard testimony from Deborah Nelson Lapoint, a vocational expert. (T at 90-101).

On May 25, 2012, ALJ Payne issued a written decision denying the application for benefits and finding that Plaintiff was not disabled within the meaning of the Social Security Act. (T at 20-36). The ALJ’s decision became the Commissioner’s final decision on August 24, 2012, when the Social Security Appeals Council denied Plaintiffs request for review. (T at 1-6).

On October 15, 2012, Plaintiff, acting by and through his counsel, timely commenced this action by filing a Complaint in the United States District Court for the Eastern District of Washington. (Docket No. 5). The Commissioner interposed an Answer on December 17, 2012. (Docket No. 10).

Plaintiff filed a motion for summary judgment on April 8, 2013. (Docket No. 15). The Commissioner moved for summary judgment on May 28, 2013. (Docket No. 19). Plaintiff filed a reply memorandum of law in further support of his motion on June 4, 2013. (Docket No. 20). As noted above, the parties consented to the jurisdiction of a Magistrate Judge. (Docket No. 7).

For the reasons set forth below, the Commissioner’s motion is granted, Plaintiffs motion is denied, and this case is dismissed.

III. DISCUSSION

A. Sequential Evaluation Process

The Social Security Act (“the Act”) defines disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). The Act also provides that a plaintiff shall be determined to be under a disability only if any impairments are of such severity that a plaintiff is not only unable to do previous work but cannot, considering plaintiffs age, education and work experiences, engage in any other substantial work which exists in the national economy. 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). Thus, the definition of disability consists of both medical and vocational components. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001).

The Commissioner has established a five-step sequential evaluation process for [1133]*1133determining whether a person is disabled. 20 C.F.R. §§ 404.1520, 416.920. Step one determines if the person is engaged in substantial gainful activities. If so, benefits are denied. 20 C.F.R. §§ 404.1520(a)(4)®, 416.920(a)(4)®. If not, the decision maker proceeds to step two, which determines whether plaintiff has a medically severe impairment or combination of impairments. 20 C.F.R. §§ 404.1520(a)(4)(H), 416.920(a)(4)(H).

If plaintiff does not have a severe impairment or combination of impairments, the disability claim is denied. If the impairment is severe, the evaluation proceeds to the third step, which compares plaintiffs impairment with a number of listed impairments acknowledged by the Commissioner to be so.severe as to preclude substantial gainful activity. 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii); 20 C.F.R. § 404 Subpt. P App. 1. If the impairment meets or equals one of the listed impairments, plaintiff is conclusively presumed to be disabled. If the impairment is not one conclusively presumed to be disabling, the evaluation proceeds to the fourth step, which determines whether the impairment prevents plaintiff from performing work which was performed in the past. If a plaintiff is able to perform previous work that plaintiff is deemed not disabled. 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). At this step, plaintiffs residual functional capacity (RFC) is considered. If plaintiff cannot perform past relevant work, the fifth and final step in the process determines whether plaintiff is able to perform other work in the national economy in view of plaintiffs residual functional capacity, age, education and past work experience. 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v); Bowen v. Yuckert, 482 U.S. 137,107 S.Ct. 2287, 96 L.Ed.2d 119 (1987).

The initial burden of proof rests upon plaintiff to establish a prima facie case of entitlement to disability benefits. Rhinehart v. Finch, 438 F.2d 920, 921 (9th Cir.1971); Meanel v.

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Bluebook (online)
31 F. Supp. 3d 1129, 2014 WL 535215, 2014 U.S. Dist. LEXIS 17282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morse-v-colvin-waed-2014.