Case law

Garbe v. Commissioner of Social Security

District Court, E.D. Washington · Mar 30, 2020

“Thus, applying our normal 18 standard of review to the requirements of step two, we must determine whether the 19 ALJ had substantial evidence to find that the medical evidence clearly established 20 that [Plaintiff … Carpal Tunnel Syndrome 8 Here, the ALJ found that while the record “mentions carpal tunnel 9 syndrome,” it does not qualify as a medically determinable impairment because

Garza v. Saul

District Court, E.D. Washington · Jan 15, 2021

“Thus, 20 applying our normal standard of review to the requirements of step two, [the 1 Court] must determine whether the ALJ had substantial evidence to find that the 2 medical evidence clearly established that [ … The vocational expert’s testimony will qualify as 19 substantial evidence if it is reliable. Embrey v.

Serrano v. O'Malley

District Court, E.D. Washington · Aug 1, 2024

Moreover, the nonwaivable jurisdiction 15 requirement of presentment is established where, as here, a claimant submitted an 16 application for disability benefits and asserts that she had good cause for failing to 17 … LEXIS 26245 at *7 (“The 18 Commissioner readily concedes that [claimant] ‘clearly satisfie[d] the nonwaivable 19 ‘presentment’ requirement,’ which is jurisdictional, by submitting applications for 20 disability benefits

Coulter v. O'Malley

District Court, E.D. Washington · Dec 7, 2023

Symptom Reports: Plaintiff establishes consequential error. 13 Plaintiff argues the ALJ failed to provide valid reasons for discounting her 14 mental symptom reports. … Medical Opinions: Plaintiff established consequential error. 9 Plaintiff argues the ALJ failed to properly assess the opinions of Dr. Genthe, 10 Dr. Nelson and Dr.

Newell v. Kijakazi

District Court, E.D. Washington · Apr 28, 2020

The party appealing the ALJ’s 6 decision generally bears the burden of establishing that it was harmed. … The claimant bears the burden of establishing he meets a 15 listing. Burch, 400 F.3d at 683.

Kilwien v. Saul

District Court, E.D. Washington · Apr 22, 2020

“Thus, applying 8 our normal standard of review to the requirements of step two, [the Court] must 9 determine whether the ALJ had substantial evidence to find that the medical 10 evidence clearly established that [Plaintiff … Shalala, 17 53 F.3d 1035, 1041 (9th Cir. 1995). 18 “Only physicians and certain other qualified specialists are considered 19 ‘[a]cceptable medical sources.’”

Philmlee v. Commissioner of Social Security

District Court, E.D. Washington · Nov 12, 2019

The party appealing the ALJ’s 8 decision generally bears the burden of establishing that it was harmed. … Farley opined Plaintiff 19 qualifies for a permanent permit, because he is “severely limited in ability to walk 20 due to arthritic, neurological, or orthopedic condition.” Id. Dr.

State of Washington v. United States Department of Homeland Security

District Court, E.D. Washington · Sep 14, 2020

Recognized exceptions include: “‘(1) the decision is clearly erroneous 19 and its enforcement would work a manifest injustice, (2) intervening … concluded that the plaintiffs’ allegations that President Trump 18 made critical statements about Latinos before and after he was elected were too 19 remote in time, and in contexts unrelated to the DACA policy, to qualify

Harrison v. Saul

District Court, E.D. Washington · May 22, 2020

The party appealing the ALJ’s 10 decision generally bears the burden of establishing that it was harmed. … “Thus, applying 13 our normal standard of review to the requirements of step two, [the Court] must 14 determine whether the ALJ had substantial evidence to find that the medical 15 evidence clearly established that

Mazloum v. Saul

District Court, E.D. Washington · Aug 12, 2019

However, Plaintiff’s other stressors from child custody 8 issues, living arrangements, and finances are less clearly separable from Plaintiff’s 9 mental impairments. … Andrews, 53 F.3d at 8 1041. 9 “Only physicians and certain other qualified specialists are considered 10 ‘[a]cceptable medical sources.’ ” Ghanim

Riggins v. Kijakazi

District Court, E.D. Washington · Aug 16, 2023

Colvin, 759 F.3d 995, 1015 n. 20 (9th Cir. 2014) (expressing 15 “doubt that epidural steroid shots to the neck and lower back qualify as 16 ‘conservative’ medical treatment). … However, the Ninth Circuit has held that the Social Security 8 regulations revised in March 2017 are “clearly irreconcilable with [past Ninth 9 Circuit] caselaw according to special deference to the opinions of treating

Valencia v. Kijakazi

District Court, E.D. Washington · Jun 25, 2020

Although these errors invalidated 3 the ALJ’s conclusion that Plaintiff did not qualify for benefits, Plaintiff’s 4 entitlement is not clear from the face of the record. … Remand, rather than an award of benefits, is appropriate 11 In light of the error identified above, further proceedings are clearly 12 necessary.

Jones v. Saul

District Court, E.D. Washington · Sep 15, 2020

The party appealing the ALJ’s 7 decision generally bears the burden of establishing that it was harmed. … Shalala, 53 F.3d 1035, 1041 (9th Cir. 1995). 4 “Only physicians and certain other qualified specialists are considered 5 ‘[a]cceptable medical sources.’” Ghanim v.

Juarez-Gonzales v. Commissioner of Social Security

District Court, E.D. Washington · Apr 6, 2020

The ALJ also explained that Dr. 13 Palasi’s opinion was clearly contradicted by the record, as Claimant returned to 14 work at the end of the closed period, sustaining a position that requires work above 15 the sedentary … Other Sources of Medical Evidence 5 On remand, the magistrate judge instructed the ALJ to reconsider the medical 6 opinions and records from “other sources” that do not qualify

Fink

District Court, E.D. Washington · Mar 20, 2026

medical 16 providers did not believe this to be the case, and the ALJ’s proper 17 course of action would be to seek an opinion from a qualified … As noted, the ALJ must identify what symptom claims are being 7 8 discounted and clearly

Gessel v. O'Malley

District Court, E.D. Washington · Sep 25, 2024

Step Three/Duty to Develop: Plaintiff establishes consequential 14 error. 15 Plaintiff argues that the ALJ erred at Step Three by failing to … Seleshi stated clearly that the record 9 lacked sufficient development to render an opinion there was only one opinion in 10 the record from Dr. Whatley, and Dr.

Estes v. Providence Health & Services - Washington

District Court, E.D. Washington · Dec 8, 2023

To establish good cause, the 13 movant must “show[ ] specific prejudge or harm will result” in the absence of an 14 order. Phillips ex rel. Estates of Byrd v. Gen. … Ctr. for Humanities, Inc., 518 U.S. 415, 427 (1996). 11 In Washington, the internal records of hospital peer review and quality 12 improvement committees are privileged and immune from discovery in any civil 13

Blizzard v. Boe

District Court, E.D. Washington · Jun 25, 2024

relief on any claim that was adjudicated on the 13 merits in state court proceedings unless the adjudication of the claim (1) “resulted in 14 a decision that was contrary to, or involved an unreasonable application of, clearly … Id. at 691. 11 Second, a petitioner must establish prejudice.

John Doe 1 v. Washington State Department of Corrections

District Court, E.D. Washington · May 17, 2021

“[I]ntangible injuries, such as 6 damage to recruitment efforts and goodwill, qualify as irreparable harm.” Rent-A- 7 Car, Inc. v. … Defendants 16 have failed to establish how their interests outweigh Plaintiffs’.

State of Washington v. Azar II

District Court, E.D. Washington · Nov 21, 2019

Reg. at 23172. 28 1 benefits for any plan year.”15 No qualified health plan offered through an ACA … Constitution’s 15 Separation of Powers; and (6) the Final Rule violates the Establishment Clause of 16 the U.S. Constitution. 17 Judge Paul A.