Morales v. Berryhill

239 F. Supp. 3d 1211, 2017 WL 896285, 2017 U.S. Dist. LEXIS 32733
CourtDistrict Court, E.D. California
DecidedMarch 7, 2017
DocketNo. 2:15-cv-1822 DB
StatusPublished
Cited by16 cases

This text of 239 F. Supp. 3d 1211 (Morales 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
Morales v. Berryhill, 239 F. Supp. 3d 1211, 2017 WL 896285, 2017 U.S. Dist. LEXIS 32733 (E.D. Cal. 2017).

Opinion

ORDER

DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE

This social security action was submitted to the court without oral argument for ruling on plaintiffs motion for summary judgment.1 Plaintiff argues that the ALJ’s treatment of the medical opinion evidence, plaintiffs subjective testimony, and the ALJ’s residual functional capacity determination constituted error. For the reasons explained below, plaintiffs motion is granted, the decision of the Commissioner of Social Security (“Commissioner”) is reversed, and the matter is remanded for the payment of benefits.

PROCEDURAL BACKGROUND

On March 21, 2012, plaintiff filed an application for Supplemental Sécurity Income (“SSI”) under Title XVI of the Social Security Act (“the Act”) alleging disability beginning on January 1, 2004, (Transcript (“Tr.”) at 28,174-83.) Plaintiffs application was denied initially, (id. at 100-05), and upon reconsideration. (Id. at 113-17.)

Thereafter, plaintiff requested a hearing which was held before an Administrative Law Judge (“ALJ”) in December of 2013. (Id. at 28, 46-67.) Plaintiff was represented by an attorney and testified at the administrative hearing. (Id. at 46-47.) In a decision issued on February 28, 2014, the ALJ found that plaintiff was not disabled. (Id. at 41.) The ALJ entered the following findings:

1. The claimant has not engaged in substantial gainful activity since March 21, 2012, the application date (20 C.F.R. § 416.971 et seq.).
2. The claimant has the following severe impairments: mild L5-S1 degenerative disc disease (DDD), hearing loss, moderate, recurrent, major depressive disorder, and posttraumatic stress disorder (20 C.F.R. § 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 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 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 medium work as defined in 20 C.F.R. § 416.967(c) except avoid concentrated exposure to noise [1214]*1214and mentally limited to simple routine tasks with no public contact.
5. The claimant has no past relevant work (20 C.F.R. § 416.965).
6. The claimant was born on June 1, 1967 and was 44 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 C.F.R. § 416.963).
7. The claimant has a limited education and is able to communicate in English (20 C.F.R. § 416.964).
8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 C.F.R. § 416.968).
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 C.F.R. §§ 416.969 and 416.969(a)).
10. The claimant has not been under a disability, as defined in the Social Security Act, since March 21, 2012, the date the application was filed (20 C.F.R. § 416.920(g)).

(Id. at 30^1.)

On June 30, 2015, the Appeals Council denied plaintiffs request for review of the ALJ’s February 28, 2014 decision. (Id. at 1-3.) Plaintiff sought judicial review pursuant to 42 U.S.C. § 405(g) by filing the complaint in this action on August 28, 2015. (ECF No. 1.)

LEGAL STANDARD

“The district court reviews the Commissioner’s final decision for substantial evidence, and the Commissioner’s decision will be disturbed only if it is not supported by substantial evidence or is based on legal error.” Hill v. Astrue, 698 F.3d 1153, 1158-59 (9th Cir. 2012). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Osenbrock v. Apfel, 240 F.3d 1157, 1162 (9th Cir. 2001); Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997).

“[A] reviewing court must consider the entire record as a whole and may not affirm simply by isolating a ‘specific quantum of supporting evidence.’” Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir. 2006) (quoting Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir. 1989)). If, however, “the record considered as a whole can reasonably support either affirming or reversing the Commissioner’s decision, we must affirm.” McCartey v. Massanari, 298 F.3d 1072, 1075 (9th Cir. 2002).

A five-step evaluation process is used to determine whether a claimant is disabled. 20 C.F.R. § 404,1520; see also Parra v. Astrue, 481 F.3d 742, 746 (9th Cir. 2007). The five-step process has been summarized as follows:

Step one: Is the claimant engaging in substantial gainful activity? If so, the claimant is found not disabled. If not, proceed to step two.
Step two: Does the claimant have a “severe” impairment? If so, proceed to step three. If not, then a finding of not disabled is appropriate.
Step three: Does the claimant’s impairment or combination of impairments meet or equal an impairment listed in 20 C.F.R., Pt. 404, Subpt. P, App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
239 F. Supp. 3d 1211, 2017 WL 896285, 2017 U.S. Dist. LEXIS 32733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-berryhill-caed-2017.