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153443 No.59711

Kuczi v. Berryhill

Document #14

District Court, W.D. Washington

Docket Number: 2:16-cv-01139

Date Filed: April 26th, 2017

At the time of the administrative hearing, plaintiff was a forty-one year old man with a

21 high school education and some college.

1 recent work experience includes a four-day attempt to deliver newspapers, and several months

2 working part-time making medical marijuana deliveries. AR at 42-45. Plaintiff was last

3 gainfully employed in 1996. AR at 45.2

Plaintiff asserts that he is disabled due to head injury, headaches, back pain, hearing

9 impairment, and depression. AR at 96.

He also bought and sold game cards from 1991 until 2007, which he testified

24

generated about $4,000 total in income. AR at 46-47.

____________________________
Disclaimer: this post and the subject matter and contents thereof - text, media, or otherwise - do not necessarily reflect the views of the 8kun administration.

153443 No.59712

REPORT AND RECOMMENDATION - 5

1 4. The claimant does not have an impairment or combination of

impairments that meets or medically equals the severity of one of the

2 listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.

3 5. The claimant has the residual functional capacity to perform less than

the full range of light work as defined in 20 CFR 404.1567(b) and

4 416.967(b). The claimant can occasionally lift and/or carry twenty

pounds and frequently ten pounds. The claimant can sit, stand and/or

5 walk six hours out of an eight-hour workday. The claimant can

frequently climb ramps/stairs, balance, stoop, kneel, crouch and crawl.

6 The claimant can occasionally climb ladders, ropes or scaffolds. The

claimant is limited to occasional reaching overhead bilaterally. The

7 claimant must avoid concentrated exposure to the extreme cold,

vibration and hazards. The claimant can carry out short, simple and

8 detailed instructions. The claimant cannot have public contact.

9 6. The claimant has no past relevant work.

7. The claimant was born on XXXXX, 1973 and was 23 years old, which

10

is defined as a younger individual age 18-49, on the alleged disability

onset date.4

11

8. The claimant has at least a high school education and is able to

12 communicate in English.

13 9. Transferability of job skills is not an issue because the claimant does

not have past relevant work.

14

10. Considering the claimant’s age, education, work experience, and

15 residual functional capacity, there are jobs that exist in significant

numbers in the national economy that the claimant can perform.

16

11. The claimant has not been under a disability, as defined in the Social

17 Security Act, from January 1, 1997, through the date of this decision.

Dr. Jarvis diagnosed plaintiff with anxiety disorder NOS with social and obsessive factors,

15 depression NOS, personality disorder with narcissistic traits, and assigned a GAF score of 50.5

16 AR at 366. Dr. Jarvis noted that plaintiff’s hygiene was within normal limits, he walked with a

17 normal gait, and sat comfortably during the assessment without pain behavior. AR at 365. His

18 mood was normal, he made good eye contact, and was cooperative. AR at 365.

Plaintiff recalled current information, including names and places.

3 AR at 366. However, Dr. Jarvis also noted that plaintiff “seemed unusually pleased and happy

4 to be talking about himself in the interview and seems to have a narcissistic personality style,

5 but without the feature of exploititiveness (sic). He notes that he ‘does not fit into society very

6 well.’” AR at 366. Dr. Jarvis opined that the plaintiff’s combination of impairments including

7 “low moods and motivation, impatience with others, apparent entitlement issues, and high

8 disability conviction, create severe limitations in his motivation to seek and persist with

9 employment, and in the ability/likelihood that he would relate appropriately to others, or

Disclaimer: this post and the subject matter and contents thereof - text, media, or otherwise - do not necessarily reflect the views of the 8kun administration.

153443 No.59713

8. The claimant has at least a high school education and is able to

12 communicate in English.

13 9. Transferability of job skills is not an issue because the claimant does

not have past relevant work.

14

10. Considering the claimant’s age, education, work experience, and

15 residual functional capacity, there are jobs that exist in significant

numbers in the national economy that the claimant can perform.

16

11. The claimant has not been under a disability, as defined in the Social

17 Security Act, from January 1, 1997, through the date of this decision.

Dr. Jarvis diagnosed plaintiff with anxiety disorder NOS with social and obsessive factors,

15 depression NOS, personality disorder with narcissistic traits, and assigned a GAF score of 50.5

16 AR at 366. Dr. Jarvis noted that plaintiff’s hygiene was within normal limits, he walked with a

17 normal gait, and sat comfortably during the assessment without pain behavior. AR at 365. His

18 mood was normal, he made good eye contact, and was cooperative. AR at 365.

Plaintiff recalled current information, including names and places.

3 AR at 366. However, Dr. Jarvis also noted that plaintiff “seemed unusually pleased and happy

4 to be talking about himself in the interview and seems to have a narcissistic personality style,

5 but without the feature of exploititiveness (sic). He notes that he ‘does not fit into society very

6 well.’” AR at 366. Dr. Jarvis opined that the plaintiff’s combination of impairments including

7 “low moods and motivation, impatience with others, apparent entitlement issues, and high

8 disability conviction, create severe limitations in his motivation to seek and persist with

9 employment, and in the ability/likelihood that he would relate appropriately to others, or

10 respond appropriately to or tolerate the pressures and expectations of a normal work setting.”

Dr. Jarvis opined that plaintiff had a “combination” of impairments that would

2 result in “severe limitations” in engaging in employment. Dr. Jarvis cited plaintiff’s disability

3 conviction as one factor in addition to his “anxiety, depressive [disorder], and especially his

4 narcissistic disorder, with low moods and motivation, impatience with others, [and] apparent

5 entitlement issues.” AR at 367. Dr. Jarvis never implied that plaintiff’s disability conviction,

6 without more, was sufficient to prevent plaintiff from working.

7 In addition, the ALJ did not cite any evidence in the record demonstrating that plaintiff

8 “chose” a lifestyle of caring for his elderly parents over working, or explain how the fact that

9 plaintiff sometimes assisted his parents in exchange for living in their basement demonstrated

10 his ability to maintain gainful employment in a competitive work setting. Indeed, plaintiff

11 testified during the hearing that “even before I had all these problems in my life [with his

12 parents] I wasn’t able to find a job that would work for me or that I could work for.” AR at 57.

13 At the time of the hearing, plaintiff was also being charged with assaulting his elderly father

14 and was not in contact with him. AR at 38-39. Without more, plaintiff’s attempts to care for

15 his elderly parents did not provide a basis for the ALJ to reject Dr. Jarvis’ opinion.

Disclaimer: this post and the subject matter and contents thereof - text, media, or otherwise - do not necessarily reflect the views of the 8kun administration.



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