Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kimberly B. v. Berryhill

United States District Court, D. Oregon

December 7, 2019

KIMBERLY B.,[1] Plaintiff,
v.
NANCY BERRYHILL, Acting Commissioner of Social Security Administration, Defendant.

          Jeffrey H. Baird Dellert Baird Law Offices, PLLC Attorney for Plaintiff

          Renata Gowie U.S. Attorney's Office District of Oregon Stephen Dmetruk Office of the General Counsel Social Security Administration Attorneys for Defendant

          OPINION & ORDER

          MARCO A. HERNÁNDEZ United States District Judge.

         Plaintiff Kimberly B. brings this action for judicial review of the Commissioner's final decision denying her application for Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. This Court has jurisdiction under 42 U.S.C. § 405(g). The Court reverses the Commissioner's decision and remands for further proceedings.

         PROCEDURAL BACKGROUND

         Plaintiff applied for DIB on August 18, 2015, alleging an onset date of July 31, 2011. Tr. 212.[2] Her application was denied initially and on reconsideration. Tr. 124, 134-38.

         On June 15, 2017, Plaintiff appeared, with counsel, for a hearing before an Administrative Law Judge (ALJ). Tr. 30-53. On September 14, 2017, the ALJ found Plaintiff not disabled. Tr. 13-23. The Appeals Council denied review. Tr. 1-6.

         FACTUAL BACKGROUND

         Plaintiff alleges disability on July 31, 2011. Tr. 212. At the time of the hearing, she was sixty three years old. Tr. 30, 54. She has a high school education and has past relevant work experience as a grocery store cashier and manager. Tr. 37, 47.

         SEQUENTIAL DISABILITY EVALUATION

         A claimant is disabled if they are 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), 1382c(a)(3)(A). Disability claims are evaluated according to a five-step procedure. See Valentine v. Comm'r, 574 F.3d 685, 689 (9th Cir. 2009) (in social security cases, agency uses five-step procedure to determine disability). The claimant bears the ultimate burden of proving disability. Id.

         In the first step, the Commissioner determines whether a claimant is engaged in “substantial gainful activity.” If so, the claimant is not disabled. Bowen v. Yuckert, 482 U.S. 137, 140 (1987); 20 C.F.R. §§ 404.1520(b), 416.920(b). In step two, the Commissioner determines whether the claimant has a “medically severe impairment or combination of impairments.” Yuckert, 482 U.S. at 140-41; 20 C.F.R. §§ 404.1520(c), 416.920(c). If not, the claimant is not disabled. Id.

         In step three, the Commissioner determines whether the claimant's impairments, singly or in combination, meet or equal “one of a number of listed impairments that the [Commissioner] acknowledges are so severe as to preclude substantial gainful activity.” Yuckert, 482 U.S. at 141; 20 C.F.R. §§ 404.1520(d), 416.920(d). If so, the claimant is conclusively presumed disabled; if not, the Commissioner proceeds to step four. Yuckert, 482 U.S. at 141.

         In step four, the Commissioner determines whether the claimant, despite any impairment(s), has the residual functional capacity (RFC) to perform “past relevant work.” 20 C.F.R. §§ 404.1520(e), 416.920(e). If the claimant can perform past relevant work, the claimant is not disabled. If the claimant cannot perform past relevant work, the burden shifts to the Commissioner. In step five, the Commissioner must establish that the claimant can perform other work. Yuckert, 482 U.S. at 141-42; 20 C.F.R. ยงยง 404.1520(e)-(f), 416.920(e)-(f). If the Commissioner meets his burden ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.