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Muse v. Astrue

September 17, 2010

MARY ALMA MUSE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Honorable Oswald Parada United States Magistrate Judge

MEMORANDUM OPINION; ORDER

The Court*fn1 now rules as follows with respect to the disputed issues listed in the Joint Stipulation ("JS").*fn2

I. DISPUTED ISSUES

As reflected in the Joint Stipulation, the disputed issues which Plaintiff raises as the grounds for reversal and/or remand are as follows:

1. Whether the Administrative Law Judge ("ALJ") properly considered Plaintiff's residual functional capacity ("RFC");

2. Whether the ALJ properly considered the treating psychiatrist's findings;

3. Whether the ALJ properly considered the opinions of the state agency psychiatrists.

(JS at 2.)

II. STANDARD OF REVIEW

Under 42 U.S.C. § 405(g), this Court reviews the Commissioner's decision to determine whether the Commissioner's findings are supported by substantial evidence and whether the proper legal standards were applied. DeLorme v. Sullivan, 924 F.2d 841, 846 (9th Cir. 1991). Substantial evidence means "more than a mere scintilla" but less than a preponderance. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed. 2d 842 (1971); Desrosiers v. Sec'y of Health & Human Servs., 846 F.2d 573, 575-76 (9th Cir. 1988). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson, 402 U.S. at 401 (citation omitted). The Court must review the record as a whole and consider adverse as well as supporting evidence. Green v. Heckler, 803 F.2d 528, 529-30 (9th Cir. 1986). Where evidence is susceptible of more than one rational interpretation, the Commissioner's decision must be upheld. Gallant v. Heckler, 753 F.2d 1450, 1452 (9th Cir. 1984).

III. DISCUSSION

A. The ALJ's Findings

The ALJ found that Plaintiff has the severe impairment of an affective disorder not otherwise specified with bipolar features and a personality disorder not otherwise specified. (Administrative Record ("AR") at 10.) Relying on the testimony of a medical expert and a vocational expert, the ALJ found Plaintiff had the RFC to perform a full range of entry-level work at all exertional levels but with the following non-exertional limitations: Plaintiff is able to perform moderately complex tasks with up to four to five steps of instructions "in a relatively habituated setting with no safety operations of others" and no fast-paced work such as rapid assembly. (Id. ...


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