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Vincent Davis v. Michael J. Astrue

March 29, 2012

VINCENT DAVIS, 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 AND ORDER

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

I.

DISPUTED ISSUES

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

1) Whether the ALJ properly assessed Plaintiff's ability to perform other work in the regional or national economy;

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

(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 impairments of osteoarthritis of the left wrist and hand; lumbago; hypertension; gout; seizure disorder; depression; and obesity. (AR at 58.) Th ALJ further found that Plaintiff had the residual functional capacity ("RFC") to perform less than a full range of light work, with the non-exertional limitations of able to lift and carry up to twenty pounds occasionally and ten pounds frequently; stand and/or walk for six hours out of an eight-hour workday, and sit for six hours out of an eight-hour workday, but must be able to alternate positions at one-hour intervals for one to five minutes to relieve discomfort; can occasionally climb ramps and stairs, but never climb ladders, ropes, and scaffolds; can occasionally kneel, stoop, crouch or crawl; can occasionally use the left non-dominant arm for fine finger and gross manipulations; must avoid exposure to hazards such as unprotected heights and dangerous machinery; must avoid concentrated exposure to extreme cold, dusts, and other pulmonary irritants such as fumes, gases and odors, can deal with routine changes in the work setting and respond appropriately to supervisors, co-workers, and the public. (Id. at 60.)

Relying on the testimony of a vocational expert ("VE"), the ALJ determined that Plaintiff was unable to perform his past relevant work of Laborer, Stores. (Id. at 65.) The ALJ also relied on the VE's testimony to determine that there were alternative occupations Plaintiff could perform, such as Order Caller (Dictionary of Occupational Titles ("DOT") No. 209.667-014); Ticket Taker (DOT No. 344.667-010); and Order Clerk, Food and Beverage (DOT No. 209.567-014). (Id. at 66.)

B. The ALJ Properly Found Plaintiff Capable of Performing the Jobs of Order Caller, Ticket ...


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