Bifarella v. Colvin

51 F. Supp. 3d 926, 2014 U.S. Dist. LEXIS 139787, 2014 WL 4925082
CourtDistrict Court, E.D. California
DecidedSeptember 30, 2014
DocketNo. 2:13-cv-341-EFB
StatusPublished
Cited by1 cases

This text of 51 F. Supp. 3d 926 (Bifarella v. Colvin) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bifarella v. Colvin, 51 F. Supp. 3d 926, 2014 U.S. Dist. LEXIS 139787, 2014 WL 4925082 (E.D. Cal. 2014).

Opinion

[929]*929 ORDER

EDMUND F. BRENNAN, United States Magistrate Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for a period of disability and Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. The parties’ cross-motions for summary judgment are pending. For the reasons discussed below, defendant’s motion is granted and plaintiff’s motion is denied.

I. BACKGROUND

Plaintiff protectively filed an application for a period of disability and DIB on May II, 2010, alleging that she had been disabled since May 1, 2007.1 Administrative Record (“AR”) 66, 135-142. Plaintiffs application was denied initially and upon reconsideration. Id. at 68-72, 74-78. On September 7, 2011, a hearing was held before administrative law judge (“ALJ”) William C. Thompson, Jr. Id. at 43-65. Plaintiff was represented by counsel at the hearing, at which she and a vocational expert (“VE”) testified. Id.

On October 18, 2011, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.2 Id. at 25-38. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2014 (Exhibit 10E).
2. The record contains no evidence that the claimant engaged. in substantial gainful activity since January 30, 2009, the amended alleged onset date (Exhibit 2D) (20 CFR 404.1571 et seq.).
3. The claimant has the following severe impairments: degenerative discs of the lumbar and cervical spine (Exhibit 5F, p. 5), fibromyalgia (Exhibit
[930]*9304F, p. 4; Exhibit 5F, p. 5), history of skin cancer, status post treatment without recurrence (Exhibit 3F, p. 8; Exhibit 5F, p. 1), and obesity (Exhibit 4F. p. 8; Exhibit 5F, p. 5) (20 CFR 404.1520(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Sub-part P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).
5. After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except: the claimant cannot climb ladders, ropes, or scaffolds. The claimant cannot work at heights or around hazardous machinery.
* * *
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565).
7. The claimant was born on October 9, 1957 and was 49 years old, which is defined as an individual “closely approaching advanced age,” on the alleged disability onset date (20 CFR 404.1563).
8. The claimant has at least a high 'school education and is able to communicate in English (20 CFR 404.1564.).
9. Transferability of job skills is not material to the determination of disability because using Medical-Vocational Rules as a framework supports a finding that the claimant is “not disabled,” whether or not the claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).
10. Considering the claimant’s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1569 and 404.1569(a)).
11. The claimant has not been under a “disability,” as defined in the Social Security Act, from May 1, 2007, through the date of this decision (20 CFR 404.1520(g)).

Id. at 27-37.

Plaintiffs request for Appeals Council review was denied on December 20, 2012, leaving the ALJ’s decision as the final decision of the Commissioner. Id. at 1-9.

II. LEGAL STANDARDS

The Commissioner’s decision that a claimant is not disabled will be upheld if the findings of fact are supported by substantial evidence in the record and the proper legal standards were applied. Schneider v. Commn’r of the Soc. Sec. Admin., 223 F.3d 968, 973 (9th Cir.2000); Morgan v. Comm’r of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999); Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

The findings of the Commissioner as to any fact, if supported by substantial evidence, are conclusive. See Miller v. Heckler, 770 F.2d 845, 847 (9th Cir.1985). Substantial evidence is more than a mere scintilla, but less than a preponderance. Saelee v. Chater, 94 F.3d 520, 521 (9th Cir.1996). “ ‘It means such evidence as a reasonable mind might accept as adequate [931]*931to support a conclusion.’ ” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consol. Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)).

“The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving ambiguities.” Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001) (citations omitted).

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51 F. Supp. 3d 926, 2014 U.S. Dist. LEXIS 139787, 2014 WL 4925082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bifarella-v-colvin-caed-2014.