United States District Court, D. Oregon
W. Brewer, Of Attorneys for Plaintiff.
J. Williams, United States Attorney, and Renata Gowie,
Assistant United States Attorney, United States
Attorney's Office, Of Attorneys for Defendant.
OPINION AND ORDER
Michael H. Simon, United States District Judge.
Thornbrugh (“Plaintiff”) seeks judicial review of
the final decision of the Commissioner of the Social Security
Administration (“Commissioner”) denying his
applications for Disability Insurance Benefits
(“DIB”) under Title II of the Social Security Act
(the “Act”), and Supplemental Security Income
(“SSI”) under Title XVI of the Act. For the
following reasons, the Commissioner's decision is
district court must affirm the Commissioner's decision if
it is based on the proper legal standards and the findings
are supported by substantial evidence. 42 U.S.C. §
405(g); see also Hammock v. Bowen, 879 F.2d 498, 501
(9th Cir. 1989). “Substantial evidence” means
“more than a mere scintilla but less than a
preponderance.” Bray v. Comm'r of Soc. Sec.
Admin., 554 F.3d 1219, 1222 (9th Cir. 2009) (quoting
Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.
1995)). It means “such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.” Id. (quoting Andrews, 53
F.3d at 1039).
the evidence is susceptible to more than one rational
interpretation, the Commissioner's conclusion must be
upheld. Burch v. Barnhart, 400 F.3d 676, 679 (9th
Cir. 2005). Variable interpretations of the evidence are
insignificant if the Commissioner's interpretation is a
rational reading of the record, and this Court may not
substitute its judgment for that of the Commissioner. See
Batson v. Comm'r of Soc. Sec. Admin., 359 F.3d 1190,
1193, 1196 (9th Cir. 2004). “[A] reviewing court must
consider the entire record as a whole and may not affirm
simply by isolating a specific quantum of supporting
evidence.” Orn v. Astrue, 495 F.3d 625, 630
(9th Cir. 2007) (quoting Robbins v. Soc. Sec.
Admin., 466 F.3d 880, 882 (9th Cir. 2006) (quotation
marks omitted)). A reviewing court, however, may not affirm
the Commissioner on a ground upon which the Commissioner did
not rely. Id.; see also Bray, 554 F.3d at
filed an application for DIB on December 11, 2012. AR 219. He
then filed an application for SSI on December 14, 2012. AR
221. In both applications, Plaintiff alleged he became
disabled as of August 31, 2009. AR 219, 221. Born in 1960,
Plaintiff was 49 years old at the alleged disability onset
date and was 54 years old at the time of the hearing. AR 219.
He left high school in the ninth or tenth grade and later
attended GED courses when he was 19 years old; however, he
did not obtain a degree. AR 39, 283. 380. Plaintiff had past
relevant work as a sheet metal laborer, sheet metal machine
operator, and “grinder.” AR 53, 273. He alleged
disability due to personality disorder and chronic pain. AR
Commissioner denied Plaintiff's applications initially
and upon reconsideration, and he requested a hearing before
an Administrative Law Judge (“ALJ”). AR 155, 159,
165, 168, 171. On March 9, 2015, a hearing was held before
ALJ Jo Hoenninger, at which Plaintiff, his counsel,
Vocational Expert (“VE”) Gary Jesky, and
Plaintiff's sister Kimberly Kerbs, were present. AR
32-66. The ALJ found Plaintiff not disabled in a decision
dated April 22, 2015. AR 9-24. The Appeals Council denied
Plaintiff's subsequent request for review on July 19,
2016, making the ALJ's decision the final decision of the
Commissioner. AR 1-3; see also 20 C.F.R. §
422.210(a). Plaintiff seeks judicial review of that decision.
The Sequential Analysis
claimant is disabled if he or she is unable to “engage
in any substantial gainful activity by reason of any
medically determinable physical 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 Soc. Sec.
Admin., 648 F.3d 721, 724 (9th Cir. 2011); see
also 20 C.F.R. §§ 404.1520, 416.920; Bowen
v. Yuckert, 482 U.S. 137, 140 (1987). 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)(i),
416.920(a)(4)(i). 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)(i), 416.920(a)(4)(i). If the claimant is not
performing substantial gainful activity, the analysis
proceeds to step two.
2. Is the claimant's impairment “severe”
under the Commissioner's regulations? 20 C.F.R.
§§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). An
impairment or combination of impairments 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).
Unless expected to result in death, this impairment must have
lasted or 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)(ii),
416.920(a)(4)(ii). 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 continues. 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 regular
and continuing basis, despite any limitations imposed by his
or her ...