(SS) Gonzalez v. Commissioner of Social Security

District Court, E.D. California·Decided July 28, 2025·No. 2:24-cv-02768·Unknown

Opinion

1 2 3 4 5 6 7 10 11 PAUL GONZALEZ, Case No. 2:24-cv-02768-CSK 12 Plaintiff, 13 v. ORDER ON PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT SECURITY, (ECF Nos. 10, 16) 15 Defendant. 16 17 Plaintiff Paul Gonzalez seeks judicial review of a final decision by Defendant 18 Commissioner of Social Security denying an application for supplemental security 19 income.1 In the summary judgment motion, Plaintiff contends the final decision of the 20 Commissioner contains legal error and is not supported by substantial evidence. Plaintiff 21 seeks a remand for an award of benefits, or alternatively, for further proceedings. The 22 Commissioner opposes Plaintiff’s motion, filed a cross-motion for summary judgment, 23 and seeks affirmance. 24 For the reasons below, Plaintiff’s motion is DENIED, the Commissioner’s cross- 25 motion is GRANTED, and the final decision of the Commissioner is AFFIRMED. 26 / / / 27 1 This action was referred to the magistrate judge under Local Rule 302(c)(15) and 28 proceeds on the consent of all parties. (ECF Nos. 3, 7, 8; see ECF Nos. 11, 12.) 1 I. SOCIAL SECURITY CASES: FRAMEWORK & FIVE-STEP ANALYSIS 2 The Social Security Act provides benefits for qualifying individuals unable to 3 “engage in any substantial gainful activity by reason of any medically determinable 4 physical or mental impairment[.]” 42 U.S.C. § 423(d)(1)(a). When an individual (the 5 “claimant”) seeks Social Security disability benefits, the process for administratively 6 reviewing the request can consist of several stages, including: (1) an initial determination 7 by the Social Security Administration; (2) reconsideration; (3) a hearing before an 8 Administrative Law Judge (“ALJ”); and (4) review of the ALJ’s determination by the 9 Social Security Appeals Council. 20 C.F.R. § 416.1400(a). 10 At the hearing stage, the ALJ is to hear testimony from the claimant and other 11 witnesses, accept into evidence relevant documents, and issue a written decision based 12 on a preponderance of the evidence in the record. 20 C.F.R. § 416.1429. In evaluating a 13 claimant’s eligibility, the ALJ is to apply the following five-step analysis:

14 Step One: Is the claimant engaged in substantial gainful activity? If yes, the claimant is not disabled. If no, proceed to step two. 15 Step Two: Does the claimant have a “severe” impairment? If no, the claimant is not disabled. If yes, proceed to step three. 16

Step Three: Does the claimant’s combination of impairments meet or 17 equal those listed in 20 C.F.R., Pt. 404, Subpt. P, App. 1 (the “Listings”)? If yes, the claimant is disabled. If no, proceed to step four. 18 Step Four: Is the claimant capable of performing past relevant work? If 19 yes, the claimant is not disabled. If no, proceed to step five.

20 Step Five: Does the claimant have the residual functional capacity to perform any other work? If yes, the claimant is not disabled. If no, the 21 claimant is disabled.

22 Lester v. Chater, 81 F.3d 821, 828 n.5 (9th Cir. 1995); 20 C.F.R. § 416.920(a)(4). The 23 burden of proof rests with the claimant through step four, and with the Commissioner at 24 step five. Ford v. Saul, 950 F.3d 1141, 1148 (9th Cir. 2020). If the ALJ finds a claimant 25 not disabled, and the Social Security Appeals Council declines review, the ALJ's 26 decision becomes the final decision of the Commissioner. Brewes v. Comm'r., 682 F.3d 27 1157, 1161-62 (9th Cir. 2012) (noting the Appeals Council’s denial of review is a non- 28 final agency action). At that point, the claimant may seek judicial review of the 1 Commissioner’s final decision by a federal district court. 42 U.S.C. § 405(g). 2 The district court may enter a judgment affirming, modifying, or reversing the final 3 decision of the Commissioner. Id. (“Sentence Four” of § 405(g)). In seeking judicial 4 review, the plaintiff is responsible for raising points of error, and the Ninth Circuit has 5 repeatedly admonished that the court cannot manufacture arguments for the plaintiff. 6 See Mata v. Colvin, 2014 WL 5472784, at *4 (E.D. Cal, Oct. 28, 2014) (citing Indep. 7 Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (stating that the court 8 should “review only issues which are argued specifically and distinctly,” and noting a 9 party who fails to raise and explain a claim of error waives it). 10 A district court may reverse the Commissioner’s denial of benefits only if the ALJ’s 11 decision contains legal error or is unsupported by substantial evidence. Ford, 950 F.3d. 12 at 1154. Substantial evidence is “more than a mere scintilla” but “less than a 13 preponderance,” i.e., “such relevant evidence as a reasonable mind might accept as 14 adequate to support a conclusion.” Id. (citations omitted). The court reviews evidence in 15 the record that both supports and detracts from the ALJ’s conclusion, but may not affirm 16 on a ground upon which the ALJ did not rely. Luther v. Berryhill, 891 F.3d 872, 875 (9th 17 Cir. 2018). The ALJ is responsible for resolving issues of credibility, conflicts in 18 testimony, and ambiguities in the record. Ford, 950 F.3d at 1154. The ALJ’s decision 19 must be upheld where the evidence is susceptible to more than one rational 20 interpretation, or where any error is harmless. Id. 22 On February 22, 2022, Plaintiff applied for supplemental security income under 23 Title XVI of the Social Security Act, alleging he has been disabled since January 1, 24 2010. Administrative Transcript (“AT”) 61, 195-204 (available at ECF No. 10). Plaintiff 25 claimed disability due to post traumatic stress disorder (“PTSD”), agoraphobia, “mental 26 issue,” anxiety, depression, “heart raises when have anxiety,” chronic social phobia, and 27 chronic generalized anxiety disorder. AT 221. Plaintiff’s applications were denied initially 28 and upon reconsideration; he sought review before an ALJ. AT 61-78, 79-97, 98. Plaintiff 1 appeared with a representative at a December 12, 2023 hearing before an ALJ, where 2 Plaintiff testified about his impairments, and a vocational expert testified about 3 hypothetical available jobs in the national economy. AT 34-60. 4 On February 28, 2024, the ALJ issued a decision finding Plaintiff was not 5 disabled. AT 14-29. At step one, the ALJ found Plaintiff had not engaged in substantial 6 gainful activity since February 22, 2022. AT 19. At step two, the ALJ determined Plaintiff 7 had the following severe impairments: depression, PTSD, chronic social phobia and 8 agoraphobia, and generalized anxiety disorder. Id. At step three, the ALJ found Plaintiff’s 9 combination of impairments did not meet or medically equal any Listing. AT 21. (citing 10 20 C.F.R Part 404, Subpart P, Appendix 1).

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