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.

Maria B. Perez v. Carolyn W. Colvin

May 8, 2013

MARIA B. PEREZ, PLAINTIFF,
v.
CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



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

MEMORANDUM OPINION AND ORDER

Plaintiff Maria Perez filed this action on October 11, 2012. Pursuant to 28 U.S.C. § 636(c), the parties consented to proceed before the magistrate judge. (Dkt. Nos. 8, 9.) On April 16, 2013, 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 July 28, 2009, Perez filed an application for supplemental security income alleging an onset date of June 1, 2009. AR 14, 119. The application was denied. AR 14, 80. Perez requested a hearing before an Administrative Law Judge ("ALJ"). On February 9, 2011, the ALJ conducted a hearing at which Perez, her best friend and a vocational expert testified. AR 32-76. On May 23, 2011, the ALJ issued a decision denying benefits. AR 11-23. On July 26, 2012, 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) (per curiam); 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 economy." Barnhart v. Thomas, 540 U.S. 20, 21-22, 124 S. Ct. 376, 157 L. Ed. 2d 333 (2003).

B. The ALJ's Findings

The ALJ found that Perez has the severe impairments of non-insulin dependent diabetes mellitus, degenerative disc disease of the lumbar spine and obesity. AR 16. She has the residual functional capacity to perform light work. She can push, pull, lift and carry up to twenty pounds occasionally and ten pounds frequently; her sitting is unrestricted; she can stand and walk six hours out of an eight-hour workday with normal breaks; and she is limited to occasional kneeling and crouching. AR 17. Perez is able to perform her past relevant work of hair stylist. AR 21. ...


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.