Jones v. Colvin

149 F. Supp. 3d 1251, 2016 WL 781930, 2016 U.S. Dist. LEXIS 24370
CourtDistrict Court, D. Oregon
DecidedFebruary 29, 2016
DocketCase No. 3:15-cv-00127-SI
StatusPublished
Cited by2 cases

This text of 149 F. Supp. 3d 1251 (Jones v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Colvin, 149 F. Supp. 3d 1251, 2016 WL 781930, 2016 U.S. Dist. LEXIS 24370 (D. Or. 2016).

Opinion

OPINION AND ORDER

Michael H. Simon, District Judge.

Ms. Brittany L. Jones1' seeks judicial review of the .final decision.of the Commissioner of the Social Security Administration (“Commissioner”) denying her application for supplemental security income (“SSI”) under'. Title XVI of the Social Security Act. The Commissioner concedes error- and moves to remand for. further proceedings, pkt. 20. For the following reasons, the Court grants .the Commissioner’s motion, but reverses , and remands for calculation of an immediate award of benefits.

STANDARD OF REVIEW

The district court must affirm the Commissioner’s decision if it is based on the proper legal standards and the findings are supported by substantial evidence. 42 U.S.C. § -405(g); see also Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir.1989). “Substantial evidence” means “more than a mere scintilla but less than a preponderance.” Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222 (9th Cir.2009) (quoting Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995)). It means “such relevant-evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Andrews, ■ 53 F.'3d at 1039).

Where the evidence is susceptible to more than one rational interpretation, the Commissioner’s conclusion must be upheld. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). Variable interpretations of the evidence are insignificant if the Commissioner’s interpretation is a rational reading of the record, and this Court may not substitute its judgment for that of •the Commissioner. See Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193, 1196 (9th Cir.2004). “[A] reviewing court must consider the entire record as a whole and may not affirin simply by isolating a specific quantum of supporting evidence.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007) (quoting Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006) (quotation marks omitted)). A reviewing court, however, may not, affirm the Commissioner on a ground upon which the Commissioner did not rely. Id.; see also Bray, 554 F.3d at 1226.

BACKGROUND

A. Plaintiff’s Application

Plaintiff protectively filed an application for SSI on May 13, 2011, alleging disability beginning February 12, 1993.' AR 165. She was 18 years old at the time the SSI application-was filed. Id. She-alleges disability due to the following medical conditions; learning disabilities, cognitive delay, bilateral profound deafness (sensory neural), diabetes mellitus II, anxiety, high blood pressure, tachycardia, and ■ other medical conditions. AR 154. Plaintiff graduated high school in 2012 with a modified diploma.1 AR 35. While in school, she at[1255]*1255tended special education classes. See generally AR 167-568. Plaintiff has less than 400 dollars of lifetime earnings. AR 148. Plaintiff volunteers to assist in her mother’s preschool class on a regular basis, AR 50, and she participated in a program for special needs students to volunteer at City Hall. AR 58.. Plaintiff currently lives with her parents at their home. AR 49.

The Commissioner denied Plaintiffs application initially on -September 21, 2011, and upon reconsideration on January 20, 2012. AR 94, 101. Plaintiff requested a hearing before an -Administrative Law Judge (“ALJ”). AR 103. Plaintiff appeared for a hearing on August 26, 2013, and was represented by counsel. ■ AR 11. At the hearing, the ALJ heard testimony from Plaintiff, her mother Rebecca L. Jones, and vocational expert (“VE”) Jenipher S. Gaffney. AR 27-68. After considering all the evidence in the record, the ALJ concluded that Plaintiff is not disabled under the Social Security Act, AR 21.

Plaintiff petitioned the Appeals Council for review of the ALJ’s decision, AR 5. On November 20, 2014, the Appeals Council denied the request for reyiew, rendering the ALJ’s decision the final decision of the Commissioner. AR 1. Plaintiff now seeks review of the ALJ’s decision.

B. The Sequential Analysis

A claimant is disabled if he or she is unable to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which .., has lasted or ’ can be expected to last for a continuous period of not less than 12 months[.]” 42 Ü.S.C. § 423(d)(1)(A).’ “Social Security Regulations set out a five-step sequential process -for determining whether an applicant is disabled within the meaning of the Social Security Act.” Keyser v. Comm’r Soc. Sec. Admin., 648 F.3d 721, 724 (9th Cir.2011); see also 20 C.F.R. §§ 404.1520 (DIB), 416.920 (SSI); Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). Each step is potentially dispositive. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The five-step sequential process asks the following series of questions:

1. Is the claimant performing “substantial gainful, activity?” 20' C.F.R. §§ 404.152Ó(a)(4)(i), '4lé.920(a)(4)(i). This activity is work involving significant mental or physical duties done or intended to be done for pay or profit. 20.C.F.R. §§ 404.1510, 416.910. If the claimant is performing such work, she is, not disabled within the meaning of the Act. 20 . C.F.R. §§ 404.1520(a)(4)(f), 416.920(a)(4)(i). If the claimant is not performing substantial gainful activity, the analysis proceeds to step two.
2. Is the claimant’s impairment “severe” under the Commissioner’s regulations? 20 C.F.R. §§ 404.1520(a)(4)(h), 416.920(a)(4)(h). An impairment or combination of impairments is “severe” if it significantly limits the claimant’s physical or mental ability to do basic work activities. 20 C.F.R. §§ 404.1521(a),-416.921(a). Unless expected to result in death, this impairment must have lasted or be expected to last.for a continuous period of at least 12 months. 20 C.F.R. §§ 404.1509, 416.909. If the claimant does not have a severe impairment, the analysis ends. 20 C.F.R.

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Bluebook (online)
149 F. Supp. 3d 1251, 2016 WL 781930, 2016 U.S. Dist. LEXIS 24370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-colvin-ord-2016.