Lee v. Saul

District Court, S.D. California·Decided March 29, 2022·No. 3:20-cv-01596·Unknown

Opinion

DAVID PAUL LEE, Case No.: 3:20-cv-01596-H-BGS

Plaintiff, ORDER: v. (1) DENYING PLAINTIFF’S KILOLO KIJAKAZI, Acting MOTION FOR SUMMARY Commissioner of Social Security, JUDGMENT; and Defendant. [Doc. No. 16.] (2) GRANTING DEFENDANT’S CROSS-MOTION FOR SUMMARY

[Doc. No. 19.] On August 18, 2020, Plaintiff David Paul Lee (“Plaintiff”) filed a complaint against Defendant Andrew Saul,1 Commissioner of Social Security (“Commissioner” or “Defendant”), seeking judicial review of an administrative denial of disability benefits under the Social Security Act (“SSA”). (Doc. No. 1.) On April 30, 2021, the Commissioner

1 Kilolo Kijakazi, Acting Commissioner of the Social Security Administration, is substituted for her lodged the administrative record. (Doc. No. 11.) On July 14, 2021, Plaintiff filed a motion for summary judgment. (Doc. No. 16.) On September 16, 2021, the Commissioner filed a cross-motion for summary judgment and a response in opposition to Plaintiff’s motion. (Doc. No. 19.) For the reasons below, the Court denies Plaintiff’s motion for summary judgment, grants the Commissioner’s cross-motion for summary judgment, and affirms the Commissioner’s final decision Plaintiff was born in 1956. (Administrative Record (“AR”) 195.) Plaintiff graduated from high school, took college courses at Mesa College, and earned a diploma in computers from Coleman College. (AR 38.) Plaintiff last worked on May 12, 2015 in call center technical support, a job he had held for approximately 15 years. (AR 42.) On May 4, 2016, Plaintiff filed a Title II application for Social Security Disability Insurance (SSDI) Benefits, claiming a disability onset date of May 12, 2015 when he was 58 years old. (AR 195–98.) In his application for disability benefits, Plaintiff asserted disability resulting from a cervical spine injury, chronic pain due to the spine injury, limited mobility, anxiety, and depression. (AR 76, 102.) On September 20, 2016, the Social Security Administration (“SSA”) denied Plaintiff’s application. (AR 75–87.) On January 10, 2017, the SSA denied Plaintiff’s application for reconsideration. (AR 88–101.) On March 7, 2017, Plaintiff filed a written request for a hearing. (AR 112–13.) On July 17, 2018, Plaintiff appeared at a hearing held in San Diego, CA. (AR 129.) Because Plaintiff did not have a representative at the July 17, 2018 hearing, the hearing was postponed at Plaintiff’s request so Plaintiff could find a representative. (AR 15, 156–61.) On, June 6, 2019, a supplemental hearing was held in San Diego, CA. (AR 31–74, 181.) Plaintiff was represented by attorney Dan Richard Cohen. (AR 31–74.) Impartial vocational expert Alan E. Cummings also appeared at the supplemental hearing. (AR 31, 37–39.) On July 3, 2019, the ALJ issued a written decision concluding that Plaintiff was not disabled within the meanings of the SSA from May 12, 2015 through the date of the ALJ decision. (AR 12–30.) On August 24, 2019, the Appeals Council received Plaintiff’s request for review of the ALJ’s decision. (AR 7–8.) On June 18, 2020 the Appeals Council denied Plaintiff’s request for review and finalized the ALJ’s decision. (AR 1–6.) On July 14, 2021, Plaintiff filed a motion for summary judgment seeking judicial review of the Commissioner’s final decision. (Doc. No. 16.) On September 16, 2021, the Commissioner filed a cross-motion for summary judgment and a response in opposition to Plaintiff’s motion requesting the Court to affirm the final decision of the Commissioner. (Doc. No. 19.) I. Legal Standards A. Standard for Determining Disability Under the Social Security Act, “disability” is defined as an “inability to engage in any substantial gainful activity by reason of any medically or mental impairment which can be expected to result in death or which has lasted for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A). A claimant “shall be determined to be under disability only if his physical or mental impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A). A five-step sequential evaluation process is used for determining whether a person is disabled. 20 C.F.R. § 404.1520; Ludwig v. Astrue, 681 F.3d 1047, 1048 n.1 (9th Cir. 2012). “At steps one through four, the claimant retains the burden of proof; at step five, the burden shifts to the Commissioner.” Maxwell v. Saul, 971 F.3d 1128, 1130 n.2 (9th Cir. 2020) (citing Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999)). “If a claimant is found to be ‘disabled’ or ‘not disabled’ at any step in the sequent, there is no need to consider subsequent steps.” Tackett, 180 F.3d at 1098; 20 C.F.R. § 404.1520(a)(4). At step one, the ALJ considers if the claimant is working and if the work is a substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i),(b). If so, the ALJ will find the claimant not disabled. Id. At step two, the ALJ considers whether the claimant has a severe medically determinable physical or mental impairment or combination of impairments that meets the duration requirement. 20 C.F.R. § 404.1520(a)(4)(ii),(c). If none of claimant’s impairments are severe, the ALJ will find the claimant not disabled. Id. At step three, the ALJ considers whether the claimant’s impairments meet or equal one of the several enumerated impairments that are deemed so severe as to preclude substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(ii),(d). If a claimant’s impairments meet or equal one of the enumerated impairments, the ALJ will find the claimant disabled. Id. If not, the ALJ will assess and make a finding about the claimant’s residual functional capacity (“RFC”) before proceeding to step four. 20 C.F.R. § 404.1520(a)(4). A claimant’s RFC is the most a claimant can do despite the claimant’s physical and mental limitations caused by a claimant’s impairments and any related symptoms. 20 C.F.R. § 404.1545(a)(1). At step four, the ALJ considers the claimant’s RFC to determine if the claimant can still do the claimant’s past relevant work. 20 C.F.R. § 404.1520(a)(4)(iv),(f). If so, the ALJ will find the claimant not disabled. Id. If the claimant cannot perform their past relevant work, the ALJ proceeds to step five and considers the claimant’s RFC, age, education, and work experience to determine if the claimant can make an adjustment any other work that exists in significant numbers in the national economy. 20 C.F.R. § 404.1520(a)(4)(v),(g); see also Tackett, 180 F.3d at 1100–01. If the claimant can make an adjustment to other work, the ALJ will find claimant is not disabled. 20 C.F.R. §

Lee v. Saul, (S.D. Cal. 2022).

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