United States District Court, D. Arizona
A. BOWMAN UNITED STATES MAGISTRATE JUDGE.
plaintiff, Juan Carlos Garcia, filed this action for review
of the final decision of the Commissioner for Social Security
pursuant to 42 U.S.C. § 405(g). (Doc. 1, p. 1)
Magistrate Judge presides over this case pursuant to 28
U.S.C. § 636(c) having received the written consent of
both parties. See Fed.R.Civ.P. 73; (Doc. 13)
case, the Administrative Law Judge (ALJ) failed to provide
specific, clear, and convincing reasons for discounting the
claimant's subjective symptom testimony. Accordingly,
this case is remanded for further proceedings.
23, 2014, Garcia filed an application for supplemental
security income pursuant to Title XVI of the Social Security
Act. (Tr. 99) He alleged disability beginning on April 9,
2009, due to PTSD (post-traumatic stress disorder), bipolar
disorder, anxiety, diabetes, fractured vertebrae, and high
blood pressure. (Tr. 99, 215)
application was denied initially and upon reconsideration.
(Tr. 123-126); (Tr. 133-136) Garcia requested review and
appeared with counsel at a hearing before Administrative Law
Judge (ALJ) Charles Davis on February 6, 2017. (Tr. 13) In
his decision, dated July 3, 2017, the ALJ found Garcia was
not disabled because, considering his age, education, work
experience, and residual functional capacity, he could work
as a Bench Assembler (DOT # 706.684-022), Stock Checker
Apparel (DOT # 299.667-014), or Cashier II (DOT #
211.462-010). (Tr. 105-107)
requested review, but on May 22, 2018, the Appeals Council
denied review making the decision of the ALJ the final
decision of the Commissioner. (Tr. 114-117) Garcia
subsequently filed this action seeking review of that final
decision. (Doc. 1)
Work History and Medical History
completed his GED (general equivalency degree) in 1998. (Tr.
216) His work history is somewhat sporadic. In 2001-2002,
Garcia worked at the Timber Lodge Restaurant as a cook. (Tr.
35-37) In 2005, Garcia worked at Cunningham Concrete for
“four to six months” digging ditches and tying
rebar. (Tr. 35, 38)
2009, Garcia was involved in a serious traffic accident. (Tr.
25) His vehicle was hit and rolled over. (Tr. 25) His
daughter was ejected from the vehicle and suffered a brain
injury. (Tr. 25) Garcia suffered a back injury, which
continues to cause him discomfort. (Tr. 25) For the pain, he
takes Percocet and naproxen. (Tr. 29) Garcia testified that
he has PTSD (post-traumatic stress disorder) resulting from
the accident. (Tr. 32) He is very moody and has difficulty
sleeping. (Tr. 32) He takes Diazepam for anxiety, but it
causes him memory loss. (Tr. 34)
2011, he worked for six weeks at the rock and mineral show.
(Tr. 15) He helped put up tents and stock tables. (Tr. 29)
That year, he also worked as a landscaper and performed light
construction work. (Tr. 31) In 2012, he applied for work at
Acme Telemarketing, but he was not hired. (Tr. 16) At the
hearing before the ALJ, Garcia explained that he could no
longer work because of back and knee pain. (Tr. 16-17)
lives with his three children and their mother. (Tr. 18) On a
typical day, Garcia exercises in the morning and then takes a
walk. (Tr. 21) He can walk a mile, but it takes him about an
hour because he stops to stretch every quarter mile. (Tr. 21,
23) He exercises and stretches with bands and rope. (Tr. 21)
Sometimes he has good days, and sometimes, he says,
“I'm on the floor screaming on my back because
it's just too much for me . . . .” (Tr. 21) He can
load the dishwasher or do a light load of clothes,
“like towels or something.” (Tr. 20) He can do a
little bit of cooking. (Tr. 20) He does not do grocery
shopping. (Tr. 20) He does not take out the trash. (Tr. 24)
He volunteers as an usher at St. Ambrose on Sundays. (Tr. 22)
He can drive his truck to his doctors' appointments. (Tr.
22) Garcia estimates he can lift six or seven pounds. (Tr.
Williams testified at the hearing as a vocational expert.
(Tr. 34) Williams testified that a person with Garcia's
education, age, and work history, who can perform light work
and is limited to simple, routine tasks with occasional,
complex tasks with routine supervision and further limited to
frequent communications with co-workers and the general
public on a superficial work basis, could not perform any of
Garcia's past relevant work. (Tr. 39-40) Such a person
could work, however, as a Bench Assembler (DOT #
706.684-022), Stock Checker Apparel (DOT # 299.667-014), or
Cashier II (DOT # 211.462-010). (Tr. 40)
of 2010, Garcia was examined by Stephen D. Bailey, Ed.D., for
the disability determination service. (Tr. 350) Bailey
diagnosed depressive disorder and anxiety disorder. (Tr. ...