Moores v. Colvin

173 F. Supp. 3d 989, 2016 WL 1137094, 2016 U.S. Dist. LEXIS 38148
CourtDistrict Court, E.D. California
DecidedMarch 23, 2016
DocketNo. 2:14-cv-2243-EFB
StatusPublished
Cited by3 cases

This text of 173 F. Supp. 3d 989 (Moores v. Colvin) 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
Moores v. Colvin, 173 F. Supp. 3d 989, 2016 WL 1137094, 2016 U.S. Dist. LEXIS 38148 (E.D. Cal. 2016).

Opinion

ORDER

EDMUND F. BRENNAN, UNITED STATES MAGISTRATE JUDGE

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for a period of disability and Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. The parties’ cross-motions for summary judgment are pending.1 For the reasons discussed below, plaintiffs motion is granted, the Commissioner’s motion is denied, and the matter is remanded for further proceedings,

I. BACKGROUND

Plaintiff filed an application for a period of disability and DIB, alleging that she had been disabled since September 17, 2009. Administrative Record . (“AR”) 154-160, Plaintiffs application was denied initially and upon reconsideration. Id. at 104-106, 108-109. Ón December 4, 2012, a hearing was held before administrative law judge (“ALJ”) Amita Tracy. Id. at 43-93. Plaintiff was represented by counsel at the hearing, at which she, a third-party witness, and a vocational expert (“VE”) testified. Id.

On December 28, 2012, the ALJ issued a decision finding that plaintiff was not disabled under section 216(i) and 223(d) of the Act.2 Id, at 25-37. The ALJ made the following specific findings:

1.‘ The claimant meets the insured status requirements of the Social Security Act through June 30, 2014.
2. The claimant has not engaged in substantial gainful activity since September 17, 2009, the alleged onset date (20 CFR 404.1571 et seq.). $ * *
[993]*9933. The claimant has the following severe impairments: Lyme disease and bipolar disorder (20 CFR 404.1520(c)). * * *
4. 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 404.1520(d)), 404.1525 and 404.1526. # * *
5. 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 404.1567(b) except she is limited to performing simple, routine, and repetitive tasks. The claimant should not work at production rate pace, but she is able to perform-goal-oriented tasks. She is limited to no interaction with the public and only occasional interaction with coworkers.. She is to perform work involving things and objects rather than people. * * *
6. The claimant is unable to perform any past relevant work (20, CFR 404.1565). * * *
7. The claimant was born on July 6,1969 and was 40 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564).
9. Transferability of job skills is not material- to the determination of disability because using the Medical-Vocational 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).
10. 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 404.1569 and 404.1569(a)). ❖ # %
11. The claimant has not been under a disability, as defined in the Social Security Act, from September 17, 2009, through the date of this decision (20 CFR 404.1520(g)).

Id. at 27-36.

Plaintiffs- request for Appeals Council review was denied on August 4, 2014, leaving the ALJ’s decision as the final decision of the Commissioner. Id. at 1-7.

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 to support, a conclusion.’” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (quoting Consol. [994]*994Edison Co. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)).

“The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving ambiguities.” Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001) (citations omitted). “Where the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ’s decision, the ALJ’s conclusion must be upheld.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002).

III. ANALYSIS

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Cite This Page — Counsel Stack

Bluebook (online)
173 F. Supp. 3d 989, 2016 WL 1137094, 2016 U.S. Dist. LEXIS 38148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moores-v-colvin-caed-2016.