United States District Court, D. Oregon
DAVID L. JENSEN, Plaintiff,
COMMISSIONER, SOCIAL SECURITY, Defendant.
Richard F. McGinty McGinty & Belcher, Attorneys Salem, OR, Attorney for Plaintiff.
S. Amanda Marshall United States Attorney District of Oregon Ronald K. Silver Assistant United States Attorney Portland, OR, Carol A. Hoch Special Assistant United States Attorney Office of the General Counsel Social Security Administration Seattle, WA, Attorneys for Defendant.
OPINION AND ORDER
GARR M. KING, District Judge.
Plaintiff David L. Jensen brings this action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Commissioner denying Jensen's application for disability insurance benefits ("DIB"). I affirm the decision of the Commissioner.
Jensen filed an application for DIB on June 27, 2007. The application was denied initially and upon reconsideration. After a timely request for a hearing, Jensen, represented by counsel, appeared and testified before an Administrative Law Judge ("ALJ") on April 7, 2010.
On June 8, 2010, the ALJ issued a decision finding Jensen was not disabled within the meaning of the Act and therefore not entitled to benefits. The Appeals Council remanded the case to the ALJ on May 20, 2011, directing the ALJ to reassess Jensen's mental impairment, resolve the effect of mild to moderate pain on Jensen's functional limitations, and discuss Jensen's wife's observations.
On February 17, 2012, Jensen appeared and testified again before an ALJ. On March 9, 2012, the ALJ issued a decision finding Jensen not disabled. This decision became the final decision of the Commissioner when the Appeals Council declined to review the decision of the ALJ on January 29, 2013.
The Social Security Act (the "Act") provides for payment of disability insurance benefits to people who have contributed to the Social Security program and who suffer from a physical or mental disability. 42 U.S.C. § 423(a)(1). In addition, under the Act, supplemental security income benefits may be available to individuals who are age 65 or over, blind, or disabled, but who do not have insured status under the Act. 42 U.S.C. § 1382(a).
The claimant must demonstrate an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to cause death or to last for a continuous period of at least twelve months. 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A). An individual will be determined to be disabled only if his physical or mental impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy. 42 U.S.C. §§ 423(d)(2)(A) and 1382c(a)(3)(B).
The Commissioner has established a five-step sequential evaluation process for determining if a person is eligible for either DIB or SSI due to disability. The evaluation is carried out by the ALJ. The claimant has the burden of proof on the first four steps. Parra v. Astrue , 481 F.3d 742, 746 (9th Cir. 2007); 20 C.F.R. §§ 404.1520 and 416.920. First, the ALJ determines whether the claimant is engaged in "substantial gainful activity." 20 C.F.R. §§ 404.1520(b) and 416.920(b). If the claimant is engaged in such activity, disability benefits are denied. Otherwise, the ALJ proceeds to step two and determines whether the claimant has a medically severe impairment or combination of impairments. A severe impairment is one "which significantly limits [the claimant's] physical or mental ability to do basic work activities[.]" 20 C.F.R. §§ 404.1520(c) and 416.920(c). If the claimant does not have a severe impairment or combination of impairments, disability benefits are denied.
If the impairment is severe, the ALJ proceeds to the third step to determine whether the impairment is equivalent to one of a number of listed impairments that the Commissioner acknowledges are so severe as to preclude substantial gainful activity. 20 C.F.R. §§ 404.1520(d) and 416.920(d). If the impairment meets or equals one of the listed impairments, the claimant is conclusively presumed to be disabled. If the impairment is not one that is presumed to be disabling, the ALJ proceeds to the fourth step to determine whether the impairment prevents the claimant from performing work which the claimant performed in the past. If the claimant is able to perform work she performed in the past, a finding of "not disabled" is made and disability benefits are denied. 20 C.F.R. §§ 404.1520(f) and 416.920(f).
If the claimant is unable to perform work performed in the past, the ALJ proceeds to the fifth and final step to determine if the claimant can perform other work in the national economy in light of his age, education, and work experience. The burden shifts to the Commissioner to show what gainful work activities are within the claimant's capabilities. Parra , 481 F.3d at 746. The claimant is entitled to disability benefits only if he is not able to perform other work. 20 C.F.R. §§ 404.1520(g) and 416.920(g).
STANDARD OF REVIEW
The court must affirm a denial of benefits if the denial is supported by substantial evidence and is based on correct legal standards. Molina v. Astrue , 674 F.3d 1104, 1110 (9th Cir. 2012). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion" and is more than a "mere scintilla" of the evidence but less than a preponderance. Id . (internal quotation omitted). The court must uphold the ALJ's findings if they "are supported by inferences reasonably drawn from the record[, ]" even if the evidence is susceptible to multiple rational interpretations. Id. at 1111.
THE ALJ'S DECISION
The ALJ concluded Jensen has the severe impairments of: multiple arthralgias possibly due to palindromic rheumatoid arthritis; left knee severe osteoarthritis of the patellofemoral compartment; bipolar disorder; somatoform disorder; rotator cuff syndrome; obesity; and right shoulder osteoarthritis. The ALJ found that these impairments, either singly or in combination, did not meet or medically equal the requirements of any of the impairments listed in 20 C.F.R. § 404, Subpart P, Appendix 1.
The ALJ found Jensen can perform light work, but cannot climb ladders, ropes and scaffolds. He also cannot kneel or crawl, but can frequently stoop, crouch, and reach overhead bilaterally. He should be permitted to sit or stand at will while performing essential tasks. He can have occasional coworker contact, but no teamwork, and should avoid contact with the public. He should avoid hazardous work, like heights and moving machinery. He can understand and carry out simple instructions. Given this ...