Lujan v. Berryhill

298 F. Supp. 3d 1323
CourtDistrict Court, E.D. California
DecidedMarch 31, 2018
DocketNo. 2:17–cv–197–EFB
StatusPublished
Cited by2 cases

This text of 298 F. Supp. 3d 1323 (Lujan v. Berryhill) 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
Lujan v. Berryhill, 298 F. Supp. 3d 1323 (E.D. Cal. 2018).

Opinion

EDMUND F. BRENNAN, UNITED STATES MAGISTRATE JUDGE

*1325Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, plaintiff's motion is granted, the Commissioner's motion is denied, and the matter is remanded for further proceedings.1

I. Background

Plaintiff filed an application for SSI, alleging that she had been disabled since October 1, 2011. Administrative Record ("AR") at 203-21. Plaintiff's application was denied initially and upon reconsideration. Id. at 124-29, 133-39. On November 18, 2014, a hearing was held before Administrative Law Judge ("ALJ") Mary Gallagher Dilley. Id. at 50-92. Plaintiff appeared, was represented by counsel and plaintiff and a vocational expert ("VE") testified. Id. On June 19, 2015, the ALJ issued a decision finding that plaintiff was not disabled under section 1614(a)(3)(A) of the Act.2 Id. at 12-25. The ALJ made the following specific findings:

1. The claimant has not engaged in substantial gainful activity since September 25, 2012, the application date ( 20 CFR 416.971 et seq. ).
* * *
*13262. The claimant has the following severe impairments: chronic pain syndrome on narcotic therapy; depression; and anxiety disorder ( 20 CFR 416.920(c) ).
* * *
3. 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, Subpart P, Appendix 1 (20 CFR 404.416.920(d), 416.925 and 416.926).
* * *
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b), i.e., lift/carry twenty pounds occasionally and ten pounds frequently, stand/walk for six out of eight hours, and sit for six out of eight hours, except the claimant should avoid concentrated exposure to hazards and not climb ladders, ropes, or scaffolds. She is able to perform work that is simple and routine with no public contact.
* * *
5. The claimant is unable to perform any past relevant work ( 20 CFR 416.965 ).
* * *
6. The claimant was born [in] 1981 and was 30 years old, which is defined as a younger individual age 18-49, on the date the application was filed ( 20 CFR 416.963 ).
7. The claimant has at least a high school education and is able to communicate in English ( 20 CFR 416.964 ).
8. Transferability of job skills is not material to the determination of disability because using the Medical-Vocation 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 ).
9. 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 416.969 and 416.969(a) ).
* * *
10. The claimant has not been under a disability, as defined by the Social Security Act, since September 25, 2012, the date the application was filed ( 20 CFR 416.920(g) ).

Id. at 14-25.

Plaintiff's request for Appeals Council review was denied on December 1, 2016, leaving the ALJ's decision as the final decision of the Commissioner. Id. at 1-6.

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. Comm'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 *1327to support a conclusion.' " Richardson v. Perales , 402 U.S. 389

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Bluebook (online)
298 F. Supp. 3d 1323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lujan-v-berryhill-caed-2018.