Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Steven White v. Michael J. Astrue

January 24, 2011

STEVEN WHITE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: John E. Mcdermott United States Magistrate Judge

MEMORANDUM OPINION AND ORDER AFFIRMING DECISION OF THE COMMISSIONER OF SOCIAL SECURITY PROCEEDINGS

On January 4, 2010, Steven White ("Plaintiff" or "Claimant") filed a complaint seeking review of the decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's application for Supplemental Security Income ("SSI") benefits. The Commissioner filed an Answer on July 14, 2010. On September 10, 2010, the parties filed a Joint Stipulation ("JS"). The matter is now ready for decision.

Pursuant to 28 U.S.C. § 636(c), both parties consented to proceed before the Magistrate Judge. After reviewing the pleadings, transcripts, and administrative record ("AR"), the Court concludes that the Commissioner's decision should be affirmed and this case dismissed with prejudice.

BACKGROUND

Plaintiff is a 31 year old male who was found to have the medically determinable severe impairments of arthrogryposis of the left upper extremity (a congenital deformation of the arm) with left sided weakness and scoliosis. (AR 15.) Plaintiff has not engaged in substantial gainful activity since May 17, 2006, the application date. (AR 12.)

Plaintiff's claim was denied initially on June 1, 2007, and on reconsideration on November 21, 2007. (AR 12.) He filed a timely request for hearing, which was held before Administrative Law Judge ("ALJ") F. Keith Varni, on April 3, 2009, in San Bernardino, California. (AR 12.) Claimant appeared and testified and was represented by counsel. (AR 12.)

The ALJ issued an unfavorable decision on September 18, 2009. (AR 12-19.) Plaintiff filed a Request for Review of the Hearing Decision, and the Appeals Council denied review on November 20, 2009. (AR 4-6.)

DISPUTED ISSUES

As reflected in the Joint Stipulation, Plaintiff raises the following issues as grounds for reversal:

1. Whether there is an inconsistency in the Dictionary of Occupational Titles ("DOT") with the ALJ's holding that the Plaintiff can perform the jobs of information Clerk and Parking Lot Attendant.

2. Whether the ALJ properly considered the treating physician's opinion.

3. Whether the ALJ properly considered Plaintiff's testimony and made proper credibility findings.

STANDARD OF REVIEW

Under 42 U.S.C. § 405(g), this Court reviews the ALJ's decision to determine whether the ALJ's findings are supported by substantial evidence and free of legal error. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir. 1996); see also DeLorme v. Sullivan, 924 F.2d 841, 846 (9th Cir. 1991) (ALJ's disability determination ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.