Walk v. Colvin

8 F. Supp. 3d 1281, 2014 U.S. Dist. LEXIS 37627, 2014 WL 1116898
CourtDistrict Court, E.D. Washington
DecidedMarch 20, 2014
DocketNo. 2:13-CV-3022-WFN
StatusPublished

This text of 8 F. Supp. 3d 1281 (Walk 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
Walk v. Colvin, 8 F. Supp. 3d 1281, 2014 U.S. Dist. LEXIS 37627, 2014 WL 1116898 (E.D. Wash. 2014).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND REMAND FOR BENEFITS

WM. FREMMING NIELSEN, Senior District Judge.

Before the Court are cross-Motions for Summary Judgment (EOF Nos. 14 and 15). Attorney D. James Tree represents Plaintiff; Special Assistant United States Attorney Leisa A. Wolf represents Defendant. The Court has reviewed the administrative record and briefs filed by the parties and is fully informed.

JURISDICTION

Plaintiff protectively applied for disability insurance and supplemental security income benefits on February 10, 2009, alleging disability beginning on December 27, 2008, due to physical impairments. The application was denied initially and on reconsideration.

A hearing was held before Administrative Law Judge (ALJ) James W. Sherry on April 21, 2011. At the hearing, Plaintiff, represented by counsel, testified as did Scott Whitmer, a vocational expert (VE). The ALJ concluded that Plaintiff was not disabled. The Appeals Council granted Plaintiffs request for review and awarded partial benefits for the period of January 2, 2009 to January 2, 2010. Pursuant to 42 U.S.C. § 405(g), this final decision is ap-pealable to the district court. Plaintiff sought judicial review on February 18, 2013.

FACTS

The facts of the case are set forth in detail in the transcript of the proceedings and are briefly summarized here. Plaintiff was 54 years old at the time of the hearing. (Tr. 54) She has an eleventh grade education and is literate. (Tr. 55) She had no special vocational training. Id. She lived with her only daughter and four minor grandchildren. Id. She has a forty year work history mostly working in fruit processing plants. (Tr. 57-61) She stopped working when she experience bleeding that lead to hospitalization, surgery, and blood transfusions. (Tr. 61, 68-70) She has been diagnosed with cirrhosis and Hepatitis C. (Tr. 62) Though the gastrointestinal issues have improved, Plaintiff suffers from fatigue and pain. (Tr. 63-65) She is able to do some chores around the house, but cannot stand or sit for long periods of time. (Tr. 65) She used to drink [1285]*1285alcohol on a regular basis, but quit in 2008 after the bleeding episodes. (Tr. 62)

SEQUENTIAL PROCESS

The Commissioner has established a five-step sequential evaluation process for determining whether a person is disabled. 20 C.F.R. §§ 404.1520(a), 416.920(a); see Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). In steps one through four, the burden of proof rests upon the claimant to establish a prima facie case of entitlement to disability benefits. Tackett v. Apfel, 180 F.3d 1094, 1098-99 (9th Cir.1999). This burden is met once a claimant establishes that a physical or mental impairment prevents him from engaging in his previous occupation. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). If a claimant cannot do his past relevant work, the ALJ proceeds to step five, and the burden shifts to the Commissioner to show that (1) the claimant can make an adjustment to other work; and (2) specific jobs exist in the national economy which claimant can perform. Batson v. Comm’r, Soc. Sec. Admin., 359 F.3d 1190, 1193-94 (9th Cir.2004). If a claimant cannot make an adjustment to other work in the national economy, a finding of “disabled” is made. 20 C.F.R. §§ 404.1520(a)(4)(i-v), 416.920(a)(4)(i-v).

ADMINISTRATIVE DECISION

At step one, the ALJ determined that Plaintiff has not engaged in substantial gainful activity since December 27, 2008.

At step two, the ALJ found that Plaintiff had the following severe impairments: cirrhosis secondary to alcohol and hepatitis C; gastro intestinal bleed with Mallory Weiss tear, esophageal varices, and history of rotator cuff tendonitis and bursitis of the right upper extremity.

At step three, the ALJ found that Plaintiff did not have an impairment or combination of impairments that met or medically equaled any of the listed impairments described at 20 C.F.R. Part 404, Subpart P, Appendix 1(20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, and 416.926).

The ALJ found that Plaintiff had the residual functional capacity (RFC) to perform the full range of light work as defined in 20 C.F.R. §§ 404.1567(b) and 416.967(b).

At step four, the ALJ determined that Plaintiff was capable of performing past relevant work as a peeler and as an assembler. Since the ALJ determined that the Plaintiff could perform past relevant work, the ALJ did not proceed to step five.

On November 7, 2012, the Appeals Council notified Plaintiff that it had granted her request for review. For the period beginning January 2, 2009 and ending January 2, 2010, the Council adopted the ALJ’s findings at steps one and two of the sequential evaluation process, however, the Appeals Council determined that Plaintiff met a listing for the period listed above. Michael M. Phillips, M.D., a medical consultant to the Counsel submitted memo-randa that concluded that Plaintiff met or at least equaled the listings in § 5.05(A) of 20 C.F.R. Part 404, Subpart P, Appendix 1. The Council gave substantial weight to Dr. Phillips’ opinion. Consequently, the Appeals Council awarded benefits for the time period beginning January 2, 2009 and ending on March 31, 2010.

STANDARD OF REVIEW

In Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001), the court set out the standard of review:

A district court’s order upholding the Commissioner’s denial of benefits is reviewed de novo. Harman v. Apfel, 211 F.3d 1172, 1174 (9th Cir.2000). The decision of the Commissioner may be reversed only if it is not supported by [1286]*1286substantial evidence or if it is based on legal error. [Tackett, 180 F.3d at 1097], Substantial evidence is defined as being more than a mere scintilla, but less than a preponderance. Id. at 1098. Put another way, substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971).

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Related

Richardson v. Perales
402 U.S. 389 (Supreme Court, 1971)
Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
Orn v. Astrue
495 F.3d 625 (Ninth Circuit, 2007)
Smolen v. Chater
80 F.3d 1273 (Ninth Circuit, 1996)
Lester v. Chater
81 F.3d 821 (Ninth Circuit, 1995)
Reddick v. Chater
157 F.3d 715 (Ninth Circuit, 1998)
Tackett v. Apfel
180 F.3d 1094 (Ninth Circuit, 1999)
Allen v. Heckler
749 F.2d 577 (Ninth Circuit, 1984)

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Bluebook (online)
8 F. Supp. 3d 1281, 2014 U.S. Dist. LEXIS 37627, 2014 WL 1116898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walk-v-colvin-waed-2014.