Pederson v. Colvin

31 F. Supp. 3d 1234, 2014 WL 2761548, 2014 U.S. Dist. LEXIS 83823
CourtDistrict Court, E.D. Washington
DecidedJune 17, 2014
DocketCase No. 2:13-CV-03077-VEB
StatusPublished
Cited by4 cases

This text of 31 F. Supp. 3d 1234 (Pederson 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
Pederson v. Colvin, 31 F. Supp. 3d 1234, 2014 WL 2761548, 2014 U.S. Dist. LEXIS 83823 (E.D. Wash. 2014).

Opinion

DECISION AND ORDER

VICTOR'E. BIANCHINI, United States Magistrate Judge.

I. INTRODUCTION

In May of 2006, Plaintiff Kaylen Peder-son applied for Supplemental Security Income (“SSI”) Benefits under the Social Security Act. The Commissioner of Social Security denied the application.

Plaintiff, represented by D. James Tree, Esq., commenced this action seeking judicial review of the Commissioner’s denial of benefits pursuant to 42 U.S.C. §§ 405(g) [1238]*1238and 1383(c)(3). The parties consented to the jurisdiction of a United States Magistrate Judge. (Docket No. 7).

On April 2, 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. 21).

II. BACKGROUND

The procedural history may be summarized as follows:

On May 25, 2006, Plaintiff applied for SSI benefits, alleging disability beginning August 5, 2004. (T at 129-31).1 The application was denied initially and Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). On November 3, 2008, a hearing was held before ALJ Paul Gaughen. (T at 28). Plaintiff was not present, but appeared through his attorney. ' (T at 30). The ALJ received testimony from Sharon Volter, a vocational expert (T at 32-35). A further hearing was held on May 29, 2009. (T at 37). Plaintiff appeared with his attorney and testified. (T at 52-63). The ALJ also received testimony from Dr. Steven Gerber, a medical expert (T at 42-52) and Dan McKinney, a vocational expert (T at 63-66).

On August 27, 2009, ALJ Gaughen 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 12-27). The Social Security Appeals Council denied Plaintiffs request for review on December 23,2010. (Tat 1-5).

On February 23, 2011, Plaintiff commenced an action in the United States District Court for the Eastern District of Washington seeking judicial review. (T at 40(M06). On March 22, 2012, the matter was remanded by Court Order (upon stipulation of the parties) for further administrative proceedings. (T at 407-414).

A further administrative hearing was held on December 11, 2012, before ALJ Timothy Mangrum. (T at 351). Plaintiff appeared with his attorney and testified. (T at 360-89). Trevor Duncan, a vocational expert, also testified. (T at 390-94). On April 23, 2013, ALJ Mangrum issued a decision denying Plaintiffs application for benefits. (T at 333-50).

On July 29, 2013, 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 November 8, 2013. (Docket No. 12).

Plaintiff filed a motion for summary judgment on February 3, 2014. (Docket No. 16). The Commissioner moved for summary judgment on March 17, 2014. (Docket No. 17). Plaintiff filed a reply memorandum of law on April 1, 2014. (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 Commissioher’s motion is granted, Plaintiffs motion is denied, and this case is closed.

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 [1239]*1239period 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 determining 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)(i), 416.920(a)(4)(i). If not, the decision maker proceeds to step two, which determines whether plaintiff has a medially severe impairment or combination of impairments. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii).

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), 4I6.920(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.

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31 F. Supp. 3d 1234, 2014 WL 2761548, 2014 U.S. Dist. LEXIS 83823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pederson-v-colvin-waed-2014.