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Cabrera v. Colvin

United States District Court, E.D. California

March 27, 2014

JAMILLIAH GUADALUPE CABRERA, 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 application for a period of disability and Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. The parties have filed cross-motions for summary judgment. For the reasons discussed below, plaintiff's motion is denied and the Commissioner's motion is granted.

I. BACKGROUND

Plaintiff protectively filed for a period of disability and DIB on November 15, 2007, alleging that she had been disabled since October 5, 2007. Administrative Record ("AR") 113. Plaintiff's application was initially denied on February 28, 2008, and upon reconsideration on July 27, 2008. Id. at 77-81, 83-87. On November 16, 2009, a hearing was held before administrative law judge ("ALJ") Daniel Heely. Id. at 35-71. Plaintiff appeared and represented herself. Id. at 38-42. Both plaintiff and a vocational expert testified at the hearing. Id. at 35-71.

On May 26, 2010, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.[1] Id. at 21-130. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2012.
2. The claimant has not engaged in substantial gainful activity since October 5, 2007, the alleged onset date (20 CFR 404.1571 et seq. ).
3. The claimant has the following severe impairments: esophageal dsymotility, status post multiple hiatal hernia surgeries and history of asthma (20 CFR 404.1520(c)).
* * *
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526).
* * *
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except she can sit, stand and/or walk 6 hours in an 8-hour workday with normal breaks, but would have to avoid concentrated exposure to fumes, odors, dusts and poor ventilation.
* * *
6. The claimant is capable of performing past relevant work as an eligibility worker. This work does not require the performance of work-related activities precluded by the claimant's ...

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