United States District Court, D. Oregon
FINDINGS & RECOMMENDATION
M. COFFIN United States Magistrate Judge.
brings this proceeding to obtain judicial review of the
Commissioner's final decision denying plaintiff's
applications for Disability Insurance Benefits and
Supplemental Security Income.
found that plaintiff has not engaged in substantial gainful
activity since the alleged onset date, May 12, 2012.
found that plaintiff had the following severe impairments:
Meniere's disease; diabetes mellitus, type II;
hypertension; hyperlipidema; major depressive disorder;
unspecified attention deficit hyperactivity disorder (ADHD);
anxiety disorder; panic disorder with agoraphobia; and
bilateral hearing loss treated with hearing aids.
found that plaintiff had the residual functional capacity to
perform light work, except that he could perform no telephone
work. And that he must avoid even moderate exposure to
workplace hazards. The ALJ found that plaintiff can
understand, remember and carry out simple, routine,
repetitive tasks and can have no more than occasional contact
with coworkers, and no contact with the general public in a
found plaintiff was unable to perform his past relevant work,
but retained the ability to work as an assembler of small
products or a sorter.
Commissioner acknowledges numerous reversible errors made by
the ALJ including, but not limited to, the mistaken
consideration by the ALJ of some evidence that invaded a
prior adjudication period. P. 2 of Defendant's Brief and
Motion for Remand (#21) .
Commissioner concedes that reversal is appropriate, but
"takes the position that the case should be remanded for
further proceedings, because there are unresolved issues and
a finding of disability would be inapposite." P. 2 of
Defendant's Brief and Motion for Remand (#21). The
Commissioner argues that further proceedings are necessary to
clarify the period of adjudication, to reevaluate the opinion
of treating psychiatrist Dr. Bonner, and to reassess
plaintiff's testimony and lay witness testimony.
argues for the remand with an immediate award of benefits
based on harmful legal errors made with regard to
plaintiff's testimony and the opinion of treating
psychiatrist Dr. Bonner.
Bonner and Dr. Northway
psychiatrist Dr. Bonner completed a statement that plaintiff
had been her patient since July, 2014. Her diagnosis was
unspecified anxiety disorder, and persistent depressive
disorder. Clinical findings included anxiety and agoraphobia.
Plaintiff was afraid of people, could not work with the
public or closely with. others, and could not work in a
crowd. He was afraid to leave home and would be absent more
than two days per month. Dr. Bonner submitted a Mental
Residual Functional Capacity Report in which she indicated
that plaintiff was "markedly limnited" in his
ability to maintain attention and concentration for extended
periods; perform activities within a schedule and maintain
regular attendance; and sustain an ordinary routine without