United States District Court, E.D. California
EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for a period of disability and Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, the court grants the Commissioner's motion and denies plaintiff's motion.
Plaintiff protectively filed for a period of disability and DIB on May 12, 2010, alleging that he had been disabled since February 28, 2010. Administrative Record ("AR") 144. In July 2010, plaintiff amended his application to allege a disability onset date of September 30, 2009. AR 148-49. Plaintiff's application was initially denied on August 24, 2010, and upon reconsideration on December 16, 2010. Id. at 68-74, 77-81. On April 27, 2011, a hearing was held before administrative law judge ("ALJ") David Blume. Id. at 23-67. Plaintiff was represented by counsel at the hearing, at which he, a Medical Expert, and a Vocational Expert testified. Id.
On June 17, 2011, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act. Id. at 11-18. The ALJ made the following specific findings:
1. The claimant last met the insured status requirement of the Social Security Act on September 30, 2009.
2. The claimant did not engage in substantial gainful activity during the period from his alleged onset date of September 30, 2009, or shortly before then, through his date last insured of September 30, 2009 (20 CFR 404.1571 et seq. ).
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3. Through the date last insured, the claimant had the following severe impairments: COPD and recurrent lumbar tumor (20 CFR 404.1520(c)).
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4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526).
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5. After careful consideration of the entire record, the undersigned finds that, through the date last insured, the claimant had the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) except he can occasionally perform postural activities but no climbing ladders, ropes, ...