Donald R. Earl v. Nancy A. Berryhill

BACKGROUND AND SUMMARY OF ADMINISTRATIVE DECISION

18 On February 6, 2014, Plaintiff, formerly employed as a construction worker (see AR 118, 397), filed an application for Supplemental Security Income, alleging a disability since January 1, 2013. (See AR 93-99).2 Plaintiff’s application was denied initially on July 25, 2014 and on reconsideration on February 19, 2015. (See AR 31-34, 36-40). 24 On February 16, 2017, the Administrative Law Judge (“ALJ”), Troy Silva, heard testimony from Plaintiff (represented by counsel) and 27 28 The ALJ mistakenly stated, at the hearing and in the Decision, that the application date was February 19, 2014. (See AR 15, 17, 23, 387). vocational expert (“VE”) Kristan Cicero. (See AR 385-403). On April 18, 2017, the ALJ issued a decision denying Plaintiff’s application. (See AR 15-23). Applying the five-step sequential process, the ALJ found at step one that Plaintiff had not engaged in substantial gainful activity since February 19, 2014. (AR 17). At step two, the ALJ determined that Plaintiff had the following severe impairments –- “degenerative disc disease of…