FILED
NOT FOR PUBLICATION JAN 29 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCUS SMITH, No. 12-36009
Plaintiff - Appellant, D.C. No. 2:11-cv-03027-JPH
v.
MEMORANDUM*
CAROLYN W. COLVIN, Commissioner
of Social Security Administration,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, Senior District Judge, Presiding
Argued and Submitted November 4, 2013
Seattle, Washington
Before: SCHROEDER, PAEZ, and BERZON, Circuit Judges.
Claimant Marcus Smith appeals the denial of his application for
supplemental security income. The district court, adopting a report and
recommendation from the magistrate judge, affirmed the Administrative Law
Judge’s (“ALJ”) determination that Claimant was not disabled.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
The record is undisputed that Claimant suffers from morbid obesity, asthma,
and depression, each severe. Claimant also suffers from a congenital wrist
impairment that the ALJ found is not severe but interferes with his ability to use
his hands. Claimant continues to suffer the results of an abusive childhood,
exhibiting violent and antisocial behavior. He is 5'8" and weighs 410 pounds. He
has no past relevant work, and a high school education.
In denying the Claimant’s application, the ALJ concluded that, on the basis
of statements in the medical records and lay witness testimony, his residual
functional capacity (“RFC”) rendered Claimant capable of performing light,
sedentary work.
In considering each of the medical opinions separately, however, the ALJ
failed to consider the combination of Claimant’s severe mental and physical
impairments. “[T]he ALJ must consider the combined effect of all of the
claimant’s impairments on her ability to function, without regard to whether each
alone was sufficiently severe.” Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.
1996). The combination of Claimant’s severe physical and mental impairments
undermine the basis of the ALJ’s RFC conclusion.
The ALJ also did not consider the combination of Claimant’s severe and
non-severe physical impairments, in determining the RFC. Claimant’s wrist pain,
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although not severe, did restrict his ability in handling. This limitation was
confirmed by both lay witnesses. The ALJ, however, failed to incorporate any
wrist or handling restrictions in Claimant’s RFC. Because the RFC failed to take
into account the combined effect of the severe mental and physical impairments, as
well as the limitation created by the non-severe wrist impairment, the RFC was not
supported by substantial evidence.
Moreover, relying on a hypothetical that did not include a wrist impairment,
the vocational expert determined that Claimant could perform jobs which call for
repetitive hand movement and fine handling such as “small product assembler” and
“laundry folder.” “If a vocational expert’s hypothetical does not reflect all the
claimant’s limitations, then the expert’s testimony has no evidentiary value . . . .”
Matthews v. Shalala, 10 F.3d 678, 681 (9th Cir. 1993) (internal quotation marks
and citation omitted). As a result, the Commissioner did not meet her burden at
step five of demonstrating that substantial gainful work exists in the national
economy.
We therefore reverse the district court and remand for award of benefits.
REVERSED and REMANDED.
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