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.

David E. Mccaleb v. Carolyn W. Colvin

April 12, 2013

DAVID E. MCCALEB, PLAINTIFF,
v.
CAROLYN W. COLVIN, ACTING 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 August 29, 2012, David E. McCaleb ("Plaintiff" or "Claimant") filed a complaint seeking review of the decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's applications for Social Security Disability Insurance benefits and Supplemental Security Income benefits. The Commissioner filed an Answer on December 26, 2012. On March 6, 2013, 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 this Magistrate Judge. After reviewing the pleadings, transcripts, and administrative record ("AR"), the Court concludes that the Commissioner's decision must be affirmed and this case dismissed with prejudice.

BACKGROUND

Plaintiff is a 46 year old male who applied for Social Security Disability Insurance benefits and Supplemental Security Income benefits on June 29, 2006, alleging disability beginning July 12, 1984. (AR 113.) The ALJ determined that Plaintiff had not engaged in substantial gainful activity since December, 2005. (AR 26.)

Plaintiff's claims were denied initially on October 17, 2006, and on reconsideration on January 22, 2007. (AR 113.) Plaintiff filed a timely request for hearing, which was held before Administrative Law Judge ("ALJ") Mason D. Harrell, Jr. on February 12, 2007, in San Bernardino, California. (AR 113.) Plaintiff appeared and testified at the hearing and was represented by counsel. (AR 113.) Vocational expert ("VE") Sandra M. Fioretti also appeared and testified at the hearing. (AR 113.)

The ALJ issued an unfavorable decision on May 29, 2008. (AR 113-119.) The Appeals Council vacated the May 29, 2008, decision and remanded the matter for further proceedings on May 4, 2010. (AR 167-172.)

The ALJ conducted a supplemental hearing on February 7, 2011, in San Bernardino, California. (AR 39-69.) Claimant appeared and testified at the hearing and was represented by counsel. (AR 23.) VE Corinne J. Porter also appeared and testified at the hearing. (AR 23.)

The ALJ issued an unfavorable decision on March 11, 2011. (AR 23-33.) The Appeals Council denied review on May 30, 2012. (AR 5-10.)

DISPUTED ISSUES

As reflected in the Joint Stipulation, Plaintiff only raises the following disputed issue as a ground for reversal and remand:

1. Whether the weight of the evidence as a whole supports the findings of the ability to engage in other work?

STANDARD OF REVIEW

Under 42 U.S.C. ยง 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.