Rena Triano v. Commissioner of Social Security

CourtDistrict Court, E.D. California
DecidedMarch 4, 2026
Docket2:25-cv-00025
StatusUnknown

This text of Rena Triano v. Commissioner of Social Security (Rena Triano v. Commissioner of Social Security) 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
Rena Triano v. Commissioner of Social Security, (E.D. Cal. 2026).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENA TRIANO, No. 2:25-CV-00025-CKD 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16

17 18 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security 19 (“Commissioner”) denying an application for Disability Income Benefits (“DIB”) under Title II 20 of the Social Security Act (“Act”). The parties have consented to magistrate judge jurisdiction 21 for all purposes, including entry of judgment. For the reasons discussed below, the court will 22 deny plaintiff’s motion for summary judgment and grant the Commissioner’s cross-motion for 23 summary judgment. 24 BACKGROUND 25 Plaintiff, born in 1962, applied on August 31, 2021 for DIB, alleging disability beginning 26 April 23, 2018. Administrative Transcript (“AT”) 35, 293. Plaintiff alleged she was unable to 27 work due to stage two breast cancer, multiple sclerosis, side effects of chemotherapy, brain fog, 28 pain, and fatigue. AT 294. In a decision dated February 16, 2024, the ALJ determined that 1 plaintiff was not disabled.1 AT 35-45. The ALJ made the following findings (citations to 20 2 C.F.R. omitted): 3 1. The claimant last met the insured status requirements of the Social Security Act on December 31, 2020. 4 2. The claimant did not engage in substantial gainful activity during 5 the period from her alleged onset date of April 23, 2018 through her date last insured of December 31, 2020. 6 3. Through the date last insured, the claimant had the following 7 severe impairments: multiple sclerosis, degenerative disc disease of the lumbar and cervical spine, gastroesophageal reflux disease, 8 irritable bowel syndrome, and migraines. 9 4. Through the date last insured, the claimant did not have an impairment or combination of impairments that meets or medically 10 1 Disability Insurance Benefits are paid to disabled persons who have contributed to the 11 Social Security program, 42 U.S.C. § 401 et seq. Supplemental Security Income is paid to 12 disabled persons with low income. 42 U.S.C. § 1382 et seq. Both provisions define disability, in part, as an “inability to engage in any substantial gainful activity” due to “a medically 13 determinable physical or mental impairment. . . .” 42 U.S.C. §§ 423(d)(1)(a) & 1382c(a)(3)(A). A parallel five-step sequential evaluation governs eligibility for benefits under both programs. 14 See 20 C.F.R. §§ 404.1520, 404.1571-76, 416.920 & 416.971-76; Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S. Ct. 2287 (1987). The following summarizes the sequential evaluation: 15 Step one: Is the claimant engaging in substantial gainful 16 activity? If so, the claimant is found not disabled. If not, proceed to step two. 17 Step two: Does the claimant have a “severe” impairment? If 18 so, proceed to step three. If not, then a finding of not disabled is appropriate. 19 Step three: Does the claimant’s impairment or combination 20 of impairments meet or equal an impairment listed in 20 C.F.R., Pt. 404, Subpt. P, App.1? If so, the claimant is automatically determined 21 disabled. If not, proceed to step four. 22 Step four: Is the claimant capable of performing his past work? If so, the claimant is not disabled. If not, proceed to step five. 23 Step five: Does the claimant have the residual functional 24 capacity to perform any other work? If so, the claimant is not disabled. If not, the claimant is disabled. 25

Lester v. Chater, 81 F.3d 821, 828 n.5 (9th Cir. 1995). 26

27 The claimant bears the burden of proof in the first four steps of the sequential evaluation process. Bowen, 482 U.S. at 146 n.5, 107 S. Ct. at 2294 n.5. The Commissioner bears the 28 burden if the sequential evaluation process proceeds to step five. Id. 1 equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1. 2 5. After careful consideration of the entire record, the undersigned 3 finds that the claimant has the residual functional capacity to perform light work except: she could have lifted 20 pounds occasionally and 4 10 pounds frequently; she could have sat for 8 hours per 8-hour workday; she could have stood and/or walked for 4 hours per 8-hour 5 workday; she could have occasionally performed postural activities except she was unable to climb ropes, ladders, or scaffolds; she could 6 have frequently reached overhead; she could have occasionally operated foot controls; and she must have avoided concentrated 7 exposure to extreme heat, wetness, humidity, vibration, and hazards such as working at unprotected heights and operating heavy 8 machinery. 9 6. Through the date last insured, the claimant was capable of performing past relevant work as an accountant, a budget accountant, 10 and a tax accountant. 11 7. The claimant has not been under a disability, as defined in the Social Security Act, at any time from April 23, 2018, the alleged 12 onset date, through December 31, 2020, the date last insured.

13 AT 37-45. 14 ISSUES PRESENTED 15 Plaintiff argues that the ALJ committed the following errors in finding plaintiff not 16 disabled: (1) the ALJ erred in discounting plaintiff’s subjective symptom testimony of pain and 17 physical dysfunction; (2) the ALJ erred in failing to include mental restrictions in the residual 18 functional capacity (RFC); and (3) the ALJ erred in finding that plaintiff performed her past 19 relevant work long enough to learn the necessary skills to perform the job in the current economy. 20 LEGAL STANDARDS 21 The court reviews the Commissioner’s decision to determine whether (1) it is based on 22 proper legal standards pursuant to 42 U.S.C. § 405(g), and (2) substantial evidence in the record 23 as a whole supports it. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999). Substantial 24 evidence is more than a mere scintilla, but less than a preponderance. Connett v. Barnhart, 340 25 F.3d 871, 873 (9th Cir. 2003) (citation omitted). It means “such relevant evidence as a reasonable 26 mind might accept as adequate to support a conclusion.” Orn v. Astrue, 495 F.3d 625, 630 (9th 27 Cir. 2007), quoting Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005). “The ALJ is 28 responsible for determining credibility, resolving conflicts in medical testimony, and resolving 1 ambiguities.” Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir. 2001) (citations omitted).

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Related

Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)
United States v. Kenneth Keith Wiseman
25 F.3d 862 (Ninth Circuit, 1994)
Tommasetti v. Astrue
533 F.3d 1035 (Ninth Circuit, 2008)
Orn v. Astrue
495 F.3d 625 (Ninth Circuit, 2007)
Gavin Buck v. Nancy Berryhill
869 F.3d 1040 (Ninth Circuit, 2017)
Karen Lambert v. Andrew Saul
980 F.3d 1266 (Ninth Circuit, 2020)
Lester v. Chater
81 F.3d 821 (Ninth Circuit, 1995)
Light v. Social Security Administration
119 F.3d 789 (Ninth Circuit, 1997)
Tackett v. Apfel
180 F.3d 1094 (Ninth Circuit, 1999)

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Rena Triano v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rena-triano-v-commissioner-of-social-security-caed-2026.