Moller v. Astrue

13 F. Supp. 3d 1032, 2012 WL 10242293, 2012 U.S. Dist. LEXIS 88404
CourtU.S. Circuit Court for the District of Northern California
DecidedJune 26, 2012
DocketNo. CV 11-4372 NJV
StatusPublished
Cited by4 cases

This text of 13 F. Supp. 3d 1032 (Moller v. Astrue) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Northern California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moller v. Astrue, 13 F. Supp. 3d 1032, 2012 WL 10242293, 2012 U.S. Dist. LEXIS 88404 (circtndca 2012).

Opinion

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. No. 14)

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. No. 15)

NANDOR J. VADAS, United States Magistrate Judge

I. BACKGROUND

Barbara Jo Moller (“Moller” or “Plaintiff’) seeks judicial review of an Administrative Law Judge (“ALJ”) decision dated July 27, 2010, denying her application for Child’s Insurance Benefits. (Doc. No. 1.) Pursuant to the Social Security Act (the “Act”), this Court has subject matter jurisdiction over only a final decision by the Commissioner of Social Security. 42 U.S.C.A. § 405(g); see Bass v. Social Security Admin., 872 F.2d 832, 833 (9th Cir.1989). The Commissioner of Social Security, Michael J. Astrue (“the Commissioner”), is the Defendant in this action. The ALJ decision’s became the Commissioner’s final decision after the Appeals Council denied Moller’s request for review on June 23, 2011. (Administrative Transcript (“Tr.”) at 1; Doc. No. 15 at 2.) This Court’s review of the Commissioner’s decision is therefore appropriate.

The parties have consented to proceeding before a magistrate judge. (Doc. Nos. 5 & 6.) Before the Court are Moller’s motion for summary judgment and the Commissioner’s crossmotion for summary judgment. (Doc. Nos. 14 & 15.) For the reasons discussed herein, the Court denies Moller’s motion for summary judgment and grants the Commissioner’s crossmotion for summary judgment.

II. PROCEDURAL HISTORY

On September 10, 2007, at the age of 58, Moller applied for Child’s Insurance Benefits on her father’s account, alleging that she has been disabled since June 2, 1967 when a train derailed and hit a car in which she was a passenger. (Doc. No. 14 at 2; Tr. 156.) The Social Security Administration denied Moller’s application initially and on reconsideration. (Tr. 88-96.) Subsequently, Moller requested a hearing by an ALJ, which was held on June 15, 2010. (Tr. 26.) In a July 27, 2010 decision, the ALJ concluded that Mol-ler had not been under a disability within the meaning of the Act prior to June 4, 1971, when Moller became 22 years old. (Tr. 16.) On June 23, 2011, the Appeals Council denied review of the ALJ’s decision, making it the final decision of the Commissioner and subject to judicial review. (Tr. 1); see 42 U.S.C. § 405(g). Moller timely appealed to this Court.

On January 25, 2012, Moller moved for summary judgment, arguing that: (1) the [1037]*1037ALJ did not consider all the evidence of Moller’s inability to function in a competitive work environment, including her work and medical history, (2) the ALJ’s holding was contrary to the law because it ignored testimony from the treating physician, Dr. Jitse Johan Couperus, in violation of the Treating Physician Rule, (3) the ALJ unfairly relied on the testimony of Vocational Expert Linda Berkley despite the fact that Moller and Berkley never met before the June 15, 2010 hearing, and (4) the ALJ improperly considered Moller’s credibility. (Doc. No. 14.)

In his cross-motion for summary judgment, the Commissioner argues that the ALJ properly considered: (1) the evidence of impairment and limitation under the five-step sequential evaluation used for evaluations of disability, (2) the medical opinion evidence, including that of Dr. Couperus, in assessing Moller’s Residual Functional Capacity, (3) the credibility of Moller’s subjective complaints of symptoms, and (4) the vocational expert’s testimony and its relevance to Moller’s claims. (Doc. No. 15.)

III. LEGAL STANDARD

A district court has limited scope of review of an administrative law judge’s decision denying Social Security disability benefits and can only set aside a denial of benefits if it is not supported by substantial evidence or if it is based on legal error. Flaten v. Sec’y of Health & Human Services, 44 F.3d 1453 (9th Cir.1995). The Commissioner’s findings “as to any fact, if supported by substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g). Substantial evidence is “more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir.1997). “In determining whether the Commissioner’s findings are supported by substantial evidence,” a district court must review the administrative record as a whole, considering “both the evidence that supports and the evidence that detracts from the Commissioner’s conclusion.” Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.1998). The Commissioner’s conclusion is upheld where the evidence is susceptible to more than one rational interpretation. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). If the evidence can support either outcome, the Court may not substitute its judgment for that of the ALJ. Matney v. Sullivan, 981 F.2d 1016, 1019 (9th Cir.1992). A decision of the ALJ will not be reversed for errors that are harmless. See Curry v. Sullivan, 925 F.2d 1127, 1131 (9th Cir.1991).

IV. DISCUSSION

Child’s Insurance Benefits are available to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits, provided that the child became disabled before age 22. 42 U.S.C.A. § 402(d).

Disability claims are evaluated according to a five-step process. In step one, the Secretary determines whether a claimant is currently engaged in substantial gainful activity. If so, the claimant is not disabled. In step two, the Secretary determines whether the claimant has a medically severe impairment or combination of impairments. If the answer is yes, the Secretary determines whether the impairment meets or equals a listed impairment that the Secretary has acknowledged to be so severe as to preclude substantial gainful activity. If this requirement is met, the claimant is conclusively presumed disabled; if not, the Secretary determines whether the claimant can still perform past relevant work. [1038]*1038If the claimant can perform such work, she is not disabled. If the claimant meets the burden of establishing an inability to perform prior work, the Secretary must show, at step five, that the claimant can perform other substantial work that exists in the national economy.

Reddick, 157 F.3d at 721. A claimant bears the burden of proving her disability at steps one through four, but the burden shifts to the Commissioner at step five to prove that the claimant is not disabled. Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685, 689 (9th Cir.2009).

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13 F. Supp. 3d 1032, 2012 WL 10242293, 2012 U.S. Dist. LEXIS 88404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moller-v-astrue-circtndca-2012.