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Wallace v. Colvin

United States District Court, E.D. California

March 19, 2014

LATASHA WALLACE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

EDMUND F. BRENNAN, Magistrate Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her applications for Child Insurance Benefits ("CIB") and for Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, the court grants plaintiff's motion and remands the matter for further proceedings.

I. BACKGROUND

Plaintiff protectively filed an application for SSI and CIB on June 9, 2010, alleging she had been disabled since March 12, 2008. Administrative Record ("AR") 120-126. Plaintiff's application was initially denied on August 25, 2010, and upon reconsideration on February 2, 2011. Id. at 70-74, 80-89. On November 10, 2011, a hearing was held before administrative law judge ("ALJ") David Blume. Id. at 44-64. Plaintiff was represented by counsel at the hearing, at which she and a vocational expert testified. Id.

On December 30, 2011, the ALJ issued a decision finding that plaintiff was not disabled under sections 223(d) and 1614(a)(3)(A) of the act.[1] Id. at 20. The ALJ made the following specific findings:

1. Born on February 27, 1987, the claimant had not attained age 22 as of March 12, 2008, the alleged onset date (20 CFR 404.102 and 404.350(a)(5)).
2. The claimant has not engaged in substantial gainful activity since March 12, 2008, the established onset date (20 CFR 404.1571, 416.971 et seq. ).
3. The claimant has the following severe impairments, and had these impairments prior to age 22: obesity and borderline intellectual functioning (20 CFR 404.1520(c), 416.920(c)).
* * *
4. The claimant does not have, nor prior to attaining age 22 did not have, an impairment or combination of impairments that met or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526, 416.920(d), 416.925 and 416.926).
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5. After careful consideration of the entire record, the undersigned finds that the claimant has, and prior to attaining age 22 had, the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) except she can perform only some detailed tasks consistent with low semi-skilled work.
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6. The claimant has no past relevant work (20 CFR ...

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