Hunter v. Astrue

874 F. Supp. 2d 902, 2012 U.S. Dist. LEXIS 83502, 2012 WL 2244328
CourtDistrict Court, C.D. California
DecidedJune 14, 2012
DocketNo. CV 11-01995-MAN
StatusPublished

This text of 874 F. Supp. 2d 902 (Hunter v. Astrue) 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
Hunter v. Astrue, 874 F. Supp. 2d 902, 2012 U.S. Dist. LEXIS 83502, 2012 WL 2244328 (C.D. Cal. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

MARGARET A. NAGLE, United States Magistrate Judge.

Plaintiff filed a Complaint on March 8, 2011, seeking review of the denial of plaintiffs application for a period of disability and disability insurance benefits (“DIB”). On April 8, 2011, the parties consented, pursuant to 28 U.S.C. § 636(c), to proceed before the undersigned United States Magistrate Judge. The parties filed a Joint Stipulation on November 28, 2011,1 in which: plaintiff seeks an order reversing the Commissioner’s decision and remanding this case for the payment of benefits; and the Commissioner requests that his decision be affirmed or, alternatively, remanded for further administrative proceedings.

SUMMARY OF ADMINISTRATIVE PROCEEDINGS

On April 1, 2008, plaintiff filed an application for a period of disability and DIB. (Administrative Record (“A.R.”) 92.) Plaintiff, who was born on March 11, 1954 (A.R. 185),2 claims to have been disabled since April 24, 2003 (A.R. 16, 92), due to “spine injury” and “cognitive limits,” as well as difficulties lifting more than five pounds and moving his neck (A.R. 106, 114, 278).

After the Commissioner denied plaintiffs claim initially and upon reconsideration, plaintiff requested a hearing. (A.R. [907]*90792.) On June 2, 2009, plaintiff, who was represented by an attorney, appeared and testified at a hearing before Administrative Law Judge Jeffrey A. Hatfield (the “ALJ”). (Id.) Vocational expert Randi Langford-Hetrick also testified. (Id.) On November 19, 2009, the ALJ issued a partially favorable decision, finding plaintiff disabled from March 11, 2009, through the date of his decision. (A.R. 96.)

In a written brief dated January 4, 2010, plaintiff appealed the ALJ’s November 19, 2009 decision to the Appeals Council on the ground that the ALJ erred in not fully considering the period before March 11, 2009. (A.R. 321-28.) Pursuant to a March 10, 2010 order, the Appeals Council vacated the ALJ’s decision and remanded the case to the ALJ so that he could: (1) “[o]btain additional evidence regarding [plaintiffs] work activity after the alleged onset date and identify periods of [substantial gainful activity]”; (2) “[o]btain additional evidence concerning [plaintiffs] severe chronic neck pain and status-post two surgeries of the cervical spine”; (3) and “[g]ive further consideration to [plaintiffs] maximum [RFC] and provide appropriate rationale with specific references to evidence of record in support of the assessed limitations.” (A.R. 104-05.)

On October 13, 2010, plaintiff, who was again represented by an attorney, appeared and testified at a second administrative hearing before the ALJ. (A.R. 16.) Vocational expert Randi Langford-Hetrick also appeared and testified. (Id.) On November 2, 2010, the ALJ denied plaintiffs claim (A.R. 16-23), and the Appeals Council subsequently denied plaintiffs request for review of the ALJ’s decision (A.R. 1-5). That decision is now at issue in this action.

SUMMARY OF ADMINISTRATIVE DECISION

In his November 2, 2010 decision, the ALJ found that plaintiff met the insured status requirements of the Social Security Act through December 31, 2009. (A.R. 18. ) The ALJ also found that plaintiff has engaged in substantial gainful activity “during the period from his alleged onset date of April 24, 2003 through his date last insured of December 31, 2009.” (Id.) As indicated in the ALJ’s earlier, November 19, 2009 decision, plaintiff “worked [during 2006] for 3-4 months but not at the substantial gainful activity level.” (A.R. 94.) In the November 2, 2010 decision now at issue, the ALJ notes that plaintiff “returned to work in 2009 and worked full time as an over-the-road truck driver.”3 (A.R. 19.)

The ALJ also determined that plaintiff has the severe impairments of “chronic neck pain,” “status post two surgeries of the cervical spine,” and “cognitive disorder.” (A.R. 18.) The ALJ concluded that plaintiff had past relevant work (“PRW”) as an electrician. (A.R. 21.) The ALJ also noted that the vocational expert found that plaintiff had prior work experience as a long-haul truck driver and sales associate. (Id.)

The ALJ found that plaintiff does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526). (A.R. 18.) After reviewing the record, the ALJ determined that, through the date last insured, plaintiff had the residual functional capacity (“RFC”) to perform:

medium work as defined in 20 C.F.R. § 404.1567(c) except no climbing of ladders/ropes, occasional reaching overhead [908]*908bilaterally and with avoidance of working in [a] noisy environment. [Plaintiff] has mild restriction of activities of daily living, mild difficulties in maintaining social functioning and mild difficulties in maintaining concentration, persistence or pace with no episodes of decompensation. Accordingly, [plaintiff] can perform simple, repetitive tasks, occasional low stress work with occasional interaction with co-workers/general public and in a structured environment.

(A.R. 20.)

The ALJ further concluded that, through the date last insured, plaintiff was unable to perform any past relevant work. (A.R. 21.) However, based on his RFC assessment and after having considered plaintiffs age, education,4 work experience, and the testimony of the vocational expert, the ALJ found that jobs exist in the national economy that plaintiff could perform, including “laundry laborer,” “house-worker,” and “hand packager.” (A.R. 22.) Accordingly, the ALJ concluded that plaintiff “was not under a disability, as defined in the Social Security Act, at any time from April 24, 2003, the alleged onset date, through December 31, 2009, the date last insured ....” (A.R. 23.)

STANDARD OF REVIEW Under 42 U.S.C. § 405(g), this Court reviews the Commissioner’s decision to determine whether it is free from legal error and supported by substantial evidence in the record as a whole. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007). Substantial evidence is “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Id. (citation omitted). The “evidence must be more than a mere scintilla but not necessarily a preponderance.” Connett v. Barnhart, 340 F.3d 871, 873 (9th Cir.2003). “While inferenees from the record can constitute substantial evidence, only those ‘reasonably drawn from the record’ will suffice.” Widmark v. Barnhart, 454 F.3d 1063, 1066 (9th Cir.2006) (citation omitted).

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874 F. Supp. 2d 902, 2012 U.S. Dist. LEXIS 83502, 2012 WL 2244328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-astrue-cacd-2012.