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Bartmann v. Astrue

July 20, 2010

BRUCE BARTMANN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, DEFENDANT.



The opinion of the court was delivered by: Carla M. Woehrle United States Magistrate Judge

DECISION AND ORDER

The parties have consented, under 28 U.S.C. § 636(c), to the jurisdiction of the undersigned Magistrate Judge. Plaintiff seeks review of the Commissioner's denial of disability benefits. As discussed below, the court finds that judgment should be granted in favor of defendant, affirming the Commissioner's decision.

I. BACKGROUND

Plaintiff Bruce Bartmann was born on March 16, 1962 and was forty-six years old at the time of his administrative hearing. [Administrative Record "AR" 24, 186.] He has a high school equivalency diploma (GED) and no past relevant work. [AR 24.]

Plaintiff alleges disability on the basis of psychiatric problems, hallucinations, and back pain. [Id.]

II. PROCEEDINGS IN THIS COURT

Plaintiff's complaint was lodged on May 5, 2009, and filed on May 8, 2009. On October 19, 2009, defendant filed an Answer and plaintiff's Administrative Record ("AR"). On January 26, 2010, the parties filed their Joint Stipulation ("JS") identifying matters not in dispute, issues in dispute, the positions of the parties, and the relief sought by each party. This matter has been taken under submission without oral argument.

III. PRIOR ADMINISTRATIVE PROCEEDINGS

Plaintiff Bartmann applied for supplemental security income ("SSI") under Title XVI of the Social Security Act on November 14, 2005, alleging disability since April 1, 2003. [JS 2; AR 24.] After the application was denied initially and on reconsideration, Plaintiff requested an administrative hearing, which was held on February 13, 2008, before Administrative Law Judge ("ALJ") Lawrence D. Wheeler. [Transcript, AR 399-423.] Plaintiff appeared with counsel, and testimony was taken from plaintiff and a vocational expert. [Id.] ALJ Wheeler denied benefits in a decision issued on April 22, 2008. [Decision, AR 24-31.] When the Appeals Council denied review on January 20, 2009, the ALJ's decision became the Commissioner's final decision. [AR 6-8.]

IV. STANDARD OF REVIEW

Under 42 U.S.C. § 405(g), a district court may review the Commissioner's decision to deny benefits. The Commissioner's (or ALJ's) findings and decision should be upheld if they are free of legal error and supported by substantial evidence. However, if the court determines that a finding is based on legal error or is not supported by substantial evidence in the record, the court may reject the finding and set aside the decision to deny benefits. See Aukland v. Massanari, 257 F.3d 1033, 1035 (9th Cir. 2001); Tonapetyan v. Halter, 242 F.3d 1144, 1147 (9th Cir. 2001); Osenbrock v. Apfel, 240 F.3d 1157, 1162 (9th Cir. 2001); Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999); Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998); Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir. 1996); Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995)(per curiam). "Substantial evidence is more than a scintilla, but less than a preponderance." Reddick, 157 F.3d at 720. It is "relevant evidence which a reasonable person might accept as adequate to support a conclusion." Id. To determine whether substantial evidence supports a finding, a court must review the administrative record as a whole, "weighing both the evidence that supports and the evidence that detracts from the Commissioner's conclusion." Id. "If the evidence can reasonably support either affirming or reversing," the reviewing court "may not substitute its judgment" for that of the Commissioner. Reddick, 157 F.3d at 720-721; see also Osenbrock, 240 F.3d at 1162.

V. DISCUSSION

A. THE FIVE-STEP EVALUATION

To be eligible for disability benefits a claimant must demonstrate a medically determinable impairment which prevents the claimant from engaging in substantial gainful activity and which is expected to result in death or to last for a continuous period of at least twelve months. Tackett, ...


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