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Richard M. Walsh v. Michael J. Astrue

February 10, 2012

RICHARD M. WALSH, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: United States Magistrate Judge Alicia G. Rosenberg

MEMORANDUM OPINION AND ORDER

Richard M. Walsh filed this action on February 3, 2011. Pursuant to 28 U.S.C. § 636(c), the parties consented to proceed before the magistrate judge on February 17 and 18, 2011. (Dkt. Nos. 8, 9.) On November 7, 2011, the parties filed a Joint Stipulation ("JS") that addressed the disputed issues. The court has taken the matter under submission without oral argument.

Having reviewed the entire file, the court affirms the decision of the Commissioner.

I.

PROCEDURAL BACKGROUND

On March 23, 2009, Walsh filed applications for disability insurance benefits and supplemental security income benefits alleging an onset date of March 1, 2005. AR 10, 119-29. The applications were denied initially and upon reconsideration. AR 10, 42-44. Walsh requested a hearing before an Administrative Law Judge ("ALJ"). AR 71. On January 27, 2010, the ALJ conducted a hearing at which Walsh and a vocational expert testified. AR 20-37. On February 9, 2010, the ALJ issued a decision denying benefits. AR 7-19. On November 27, 2010, the Appeals Council denied the request for review. AR 1-3. This action followed.

II.

STANDARD OF REVIEW

Pursuant to 42 U.S.C. § 405(g), this court reviews the Commissioner's decision to deny benefits. The decision will be disturbed only if it is not supported by substantial evidence, or if it is based upon the application of improper legal standards. Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995); Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992).

"Substantial evidence" means "more than a mere scintilla but less than a preponderance -- it is such relevant evidence that a reasonable mind might accept as adequate to support the conclusion." Moncada, 60 F.3d at 523. In determining whether substantial evidence exists to support the Commissioner's decision, the Court examines the administrative record as a whole, considering adverse as well as supporting evidence. Drouin, 966 F.2d at 1257. When the evidence is susceptible to more than one rational interpretation, the Court must defer to the Commissioner's decision. Moncada, 60 F.3d at 523.

III.

DISCUSSION

A. Disability

A person qualifies as disabled, and thereby eligible for such benefits, "only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national ...


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