(SS) Mendoza v. Commissioner of Social Security

CourtDistrict Court, E.D. California
DecidedNovember 8, 2024
Docket1:22-cv-00101
StatusUnknown

This text of (SS) Mendoza v. Commissioner of Social Security ((SS) Mendoza 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
(SS) Mendoza v. Commissioner of Social Security, (E.D. Cal. 2024).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ADALID MENDOZA, Case No. 1:22-cv-00101-CDB (SS)

12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; 13 v. GRANTING DEFENDANT’S CROSS- MOTION FOR SUMMARY JUDGMENT 14 KILOLO KIJAKAZI,1 Acting Commissioner of Social Security, (Docs. 14, 16) 15 Defendant. 16 17 18 Plaintiff Adalid Mendoza (“Plaintiff”) seeks judicial review of a final decision of the 19 Commissioner of Social Security (“Commissioner” or “Defendant”) denying his application for 20 disability insurance benefits under the Social Security Act. (Doc. 1). The matter is currently 21 before the Court on the parties’ briefs, which were submitted without oral argument. (Docs. 14, 22 16). Upon review of the Administrative Record (“AR”) and the parties’ briefs, the Court finds 23 and rules as follows. 24 /// 25

26 1 Martin O'Malley became the Commissioner of Social Security on December 20, 2023. See Commissioner SSA, https://www.ssa.gov/agency/commissioner/ (last visited September 11, 2024). 27 Accordingly, Martin O'Malley should be substituted for Kilolo Kijakazi as the defendant in this lawsuit. See Fed. R. Civ. P. 25(d) (“An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's 1 I. BACKGROUND 2 A. Administrative Proceedings and ALJ’s Decision 3 On February 14, 2019, Plaintiff filed a Title XVI application for Supplemental Security 4 Income (SSI) which alleged disability beginning January 1, 1993. (AR 81-83, 194-199). 5 Plaintiff’s claim was initially denied on June 11, 2019, and again upon reconsideration on 6 November 15, 2019. (AR 91, 106). Plaintiff filed a request for a hearing before an 7 Administrative Law Judge (“ALJ”) on December 5, 2019. (AR 120-124). The ALJ, Mary 8 Parnow, held the hearing on September 29, 2020, and Plaintiff appeared and testified. (AR 40- 9 65). 10 The ALJ issued an unfavorable decision on December 7, 2020. (AR 17-39). After 11 reviewing the evidence, the ALJ considered Plaintiff’s claims using the five-step sequential 12 evaluation required by 20 C.F.R § 416.920(a). At step one, the ALJ found that Plaintiff had not 13 engaged in substantial gainful activity since February 14, 2019, the date of the application. AR 14 23). The ALJ further found that Plaintiff, in fact, had no past relevant work experience. (AR 33). 15 At step two, the ALJ found that Plaintiff had the following severe impairments: Guillain-Barré 16 syndrome, right knee patellar tendinitis, obesity, and bipolar disorder. (AR 23). The ALJ 17 determined Plaintiff had some midfoot arthritis, cavovarus deformity, and positive tests for 18 hepatitis C antibody reactivity but without indication that Plaintiff was symptomatic, as well as 19 transient conditions of bilateral olecranon spurs and a triceps tendon tear, with little objective 20 evidence they caused more than minimal functional limitation lasting twelve months or longer; 21 none of these impairments were considered severe. The ALJ noted she did consider them in 22 assessing the claimant’s residual functional capacity. (AR 23). 23 The ALJ noted that Plaintiff had a documented history of numerous incarcerations, for 24 charges including carrying weapons and high-speed chases. She concluded that this history was 25 reasonably consistent with moderate difficulties in social interaction. The ALJ noted that 26 Plaintiff’s treating records documented a history of depressive symptoms, including feeling 27 depressed, anhedonia, difficulty concentrating, fluctuating energy and appetite, and impulsive 1 decisions and sexual situations, were consistent with a medically determinable bipolar disorder. 2 (AR 27). 3 The ALJ ultimately determined that Plaintiff’s medically determinable impairments 4 (“MDIs”) do not cause more than a moderate limitation on Plaintiff’s ability to perform mental 5 work activities. (AR 27). The ALJ reached this determination by considering the four broad 6 functional areas of mental functioning listed in the “Paragraph B” criteria.2 7 The first functional area is understanding, remembering, or applying information. The 8 ALJ found that Plaintiff has a moderate limitation. (AR 24). The ALJ supported her finding by 9 noting a wide range of daily tasks, found in the medical records, that Plaintiff could accomplish, 10 such as preparing simple meals, doing household chores, shopping in store and via computer, 11 going to the post office, and grocery store, and performing his activities of daily living without 12 assistance. (AR 28). 13 The next functional area is interacting with others. The ALJ found that Plaintiff has a 14 moderate limitation. (AR 24). The ALJ supported this determination by noting that Plaintiff 15 could engage in the following: living with and maintaining positive relationships with family and 16 long-term significant others, watching movies with his sister, maintaining at least some 17 friendships, understanding and following spoken instructions, and responding appropriately at 18 hearings and clinical appointments. (AR 28-29). 19 The third functional area is concentrating, persisting, or maintaining pace. The ALJ found 20 that Plaintiff has a mild limitation in this area. (AR 24). The ALJ cited Plaintiff’s treating 21 2 The “paragraph B criteria” evaluates mental impairments in the context of four broad areas of 22 functioning: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; and (4) adapting or managing oneself. 20 C.F.R. § Pt. 404, 23 Subpt. P, App. 1. The severity of the limitation a claimant has in each of the four areas of functioning is identified as either “no limitation,” “mild,” “moderate,” “marked,” or “extreme.” Id. To satisfy the 24 paragraph B criteria, a claimant must have an “extreme” limitation in at least one of the areas of mental functioning, or a “marked” limitation in at least two of the areas of mental functioning. Id. An “extreme” 25 limitation is the inability to function independently, appropriately, or effectively, and on a sustained 26 basis. Id. A “marked” limitation is a seriously limited ability to function independently, appropriately, or effectively, and on a sustained basis. Id. A “moderate” degree of mental limitation means that functioning 27 in this area independently, appropriately, effectively, and on a sustained basis is “fair.” Id. And a “mild” degree of mental limitation means that functioning in this area independently, appropriately, effectively, and on a sustained basis is “slightly limited.” Id. See Carlos v. Comm’r of Soc. Sec., 1:21-cv-00517-SAB, 1 records, noting that Plaintiff could count change, use checkbooks or money orders, engage in 2 hobbies, exercise, watch TV for extended times, use a computer, and understand spoken 3 instructions. (AR 29). 4 The fourth functional area is adapting or managing oneself. The ALJ found that Plaintiff 5 has a mild limitation in this area. (AR 24). The ALJ noted that Plaintiff could present 6 appropriately at the hearing and at clinical appointments throughout the record, walk and do push- 7 ups, lift weights, engage in physical therapy, and handle daily stressors associated with his 8 condition and with changes in routine. (AR 29). 9 The ALJ extensively cited the primary mental health treating records in the file, the Kern 10 Behavioral Health and Recovery Services records (Exhibit 4F), in her discussion of her 11 “Paragraph B” findings. (AR 27-29).

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(SS) Mendoza v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ss-mendoza-v-commissioner-of-social-security-caed-2024.