Amalia Frausto v. Martin OMalley

CourtDistrict Court, C.D. California
DecidedJanuary 31, 2025
Docket5:24-cv-01469
StatusUnknown

This text of Amalia Frausto v. Martin OMalley (Amalia Frausto v. Martin OMalley) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amalia Frausto v. Martin OMalley, (C.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 AMALIA F.,1 ) ) Case No. 5:24-cv-01469-JDE ) 12 Plaintiff, ) MEMORANDUM OPINION AND ) 13 ) ORDER v. ) 14 ) MICHELLE KING,2 Acting ) 15 ) Commissioner of Social Security, ) 16 ) ) 17 Defendant. ) 18 19 On October 7, 2024, Plaintiff Amalia F. (“Plaintiff”) filed a Complaint 20 seeking review of the denial of her application for supplemental security 21 income (“SSI”). The Court has reviewed Plaintiff’s opening brief (Dkt. 12), the 22 Commissioner’s answering brief (Dkt. 15), and the Administrative Record 23 (Dkt. 11, “AR”). The matter is ready for decision. 24 25 1 Plaintiff’s name has been partially redacted in accordance with Fed. R. Civ. P. 5.2(c)(2)(B) and the recommendation of the Committee on Court Administration 26 and Case Management of the Judicial Conference of the United States. 27 2 Michelle King, Acting Commissioner of the Social Security Administration, is 28 substituted as defendant. See Fed. R. Civ. P. 25(d). 1 I. 2 BACKGROUND 3 Plaintiff applied for SSI on May 11, 2021, alleging disability starting on 4 July 1, 2019. See AR 318. Plaintiff’s claim was denied initially and on 5 reconsideration. AR 214-26. On September 6, 2023, an Administrative Law 6 Judge (“ALJ”) held a hearing at which Plaintiff, represented by counsel, 7 testified by telephone, as did a Vocational Expert (“VE”). AR 114-36. 8 On September 26, 2023, the ALJ found Plaintiff was not disabled. AR 9 95-107. The ALJ determined Plaintiff had not engaged in substantial gainful 10 activities since March 8, 2021, suffered from severe impairments of 11 “hypertension, sleep apnea, obesity, asthma, degenerative disc disease, 12 arthritis, depression, and anxiety,” and did not suffer from impairments that 13 met or equaled a listed impairment in 20 C.F.R. Part 404, Subpt. P, App. 1. 14 AR 97-98. The ALJ assessed Plaintiff had the residual functional capacity 15 (“RFC”) to perform light work,3 with the following limitations: 16 [She] can occasionally climb kneel, bend, and crawl. She can 17 occasionally walk on uneven and work at heights. [She] can 18 frequently reach with the left upper extremity, including overhead 19 reaching. She must avoid concentrated exposure to pulmonary 20 irritants and extremes in temperature. [She] is limited to non-public, 21 simple, routine and repetitive tasks, doing jobs that do not require 22 teamwork, and require only incidental interaction with coworkers. 23

3 “Light work” is defined as: “[L]ifting no more than 20 pounds at a time with 24 frequent lifting or carrying of objects weighing up to 10 pounds. Even though the 25 weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some 26 pushing and pulling of arm or leg controls. To be considered capable of performing a 27 full or wide range of light work, [a claimant] must have the ability to do substantially all of these activities. 20 C.F.R. §§ 404.1567(b), 416.967(b); see also Aide R. v. Saul, 28 2020 WL 7773896, *2 n.6 (C.D. Cal. Dec. 30, 2020). 1 AR 100. The ALJ concluded Plaintiff could not perform her past relevant 2 work. AR 105-06. Finally, considering Plaintiff’s limited education, closely 3 approaching advanced age, work experience, and RFC, the ALJ found there 4 were jobs in significant numbers in the national economy that Plaintiff could 5 perform, including, Marking Clerk (Dictionary of Occupation Titles [“DOT”] 6 209.587-034), Order Filler (DOT 529.687-010), and Mail Clerk (DOT 209.687- 7 026), meaning she was not disabled under the Social Security Act. AR 106-07. 8 On June 6, 2024, the Appeals Council denied Plaintiff’s request for 9 review, making the ALJ’s decision final. AR 1-7. This action followed. 10 II. 11 LEGAL STANDARDS 12 A. Standard of Review 13 Under 42 U.S.C. § 405(g), this Court may review a decision to deny 14 benefits. The ALJ’s findings and decision should be upheld if they are free 15 from legal error and supported by substantial evidence based on the record as a 16 whole. See Brown-Hunter v. Colvin, 806 F.3d 487, 492 (9th Cir. 2015) (as 17 amended); Parra v. Astrue, 481 F.3d 742, 746 (9th Cir. 2007). Substantial 18 evidence means such relevant evidence as a reasonable person might accept as 19 adequate to support a conclusion. See Lingenfelter v. Astrue, 504 F.3d 1028, 20 1035 (9th Cir. 2007). It is more than a scintilla, but less than a preponderance. 21 Id. To assess whether substantial evidence supports a finding, the court “must 22 review the administrative record as a whole, weighing both the evidence that 23 supports and the evidence that detracts from the Commissioner’s conclusion.” 24 Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998). “If the evidence can 25 reasonably support either affirming or reversing,” the reviewing court “may 26 not substitute its judgment” for that of the Commissioner. Id. at 720-21; see 27 also Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012) (“Even when the 28 evidence is susceptible to more than one rational interpretation, [the court] 1 must uphold the ALJ’s findings if they are supported by inferences reasonably 2 drawn from the record.”), superseded by regulation on other grounds as stated 3 in Smith v. Kijakazi, 14 F.4th 1108, 1111 (9th Cir. 2021). Lastly, if an ALJ 4 errs, the decision will be affirmed if the error is harmless (Molina, 674 F.3d at 5 1115), that is, if it is “inconsequential to the ultimate nondisability 6 determination,” or if “the agency’s path may reasonably be discerned, even if 7 the agency explains its decision with less than ideal clarity.” Brown-Hunter, 8 806 F.3d at 492 (citation omitted); Smith, 14 F.4th at 1111 (even where the 9 “modest burden” of the substantial evidence standard is not met, “we will not 10 reverse an ALJ’s decision where the error was harmless”). 11 B. The Five-Step Sequential Evaluation 12 When a claim reaches an ALJ, the ALJ conducts a five-step sequential 13 evaluation to determine at each step if the claimant is disabled. See Ford v. 14 Saul, 950 F.3d 1141, 1148-49 (9th Cir. 2020); Molina, 674 F.3d at 1110. 15 First, the ALJ considers if the claimant works at a job constituting 16 “substantial gainful activity.” Molina, 674 F.3d at 1110. If not, the ALJ 17 proceeds to a second step to determine whether the claimant has a “severe” 18 medically determinable physical or mental impairment or combination of 19 impairments that has lasted for more than twelve months. Id. If so, the ALJ 20 proceeds to a third step to assess whether the claimant’s impairments render the 21 claimant disabled because they meet or equal any of the listed impairments in 22 the Social Security Regulations at 20 C.F.R. Part

Related

Molina v. Astrue
674 F.3d 1104 (Ninth Circuit, 2012)
Reynaldo Israel v. Michael Astrue
494 F. App'x 794 (Ninth Circuit, 2012)
Debbra Hill v. Michael Astrue
698 F.3d 1153 (Ninth Circuit, 2012)
Stubbs-Danielson v. Astrue
539 F.3d 1169 (Ninth Circuit, 2008)
Lingenfelter v. Astrue
504 F.3d 1028 (Ninth Circuit, 2007)
Kim Brown-Hunter v. Carolyn W. Colvin
806 F.3d 487 (Ninth Circuit, 2015)
Donald Stacy v. Carolyn Colvin
825 F.3d 563 (Ninth Circuit, 2016)
Michelle Ford v. Andrew Saul
950 F.3d 1141 (Ninth Circuit, 2020)
Kenneth Smith v. Kilolo Kijakazi
14 F.4th 1108 (Ninth Circuit, 2021)
Leslie Woods v. Kilolo Kijakazi
32 F.4th 785 (Ninth Circuit, 2022)
Johnson v. Shalala
60 F.3d 1428 (Ninth Circuit, 1995)
Reddick v. Chater
157 F.3d 715 (Ninth Circuit, 1998)
Tackett v. Apfel
180 F.3d 1094 (Ninth Circuit, 1999)

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Bluebook (online)
Amalia Frausto v. Martin OMalley, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amalia-frausto-v-martin-omalley-cacd-2025.