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Harris v. Colvin

United States District Court, E.D. California

June 6, 2014

ROBIN HARRIS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying applications for Disability Income Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("Act"), respectively. For the reasons discussed below, the court will deny plaintiff's motion for summary judgment and grant the Commissioner's cross-motion for summary judgment.

BACKGROUND

Plaintiff, born July 28, 1959, applied on April 2, 2010 for DIB and SSI, alleging disability beginning September 1, 2009. Administrative Transcript ("AT") 140-150. Plaintiff alleged she was unable to work due to a duodenal ulcer. AT 169. In a decision dated October 17, 2011, the ALJ determined that plaintiff was disabled for a closed period from September 1, 2009 through June 30, 2011, that medical improvement occurred as of July 1, 2011, and that plaintiff was not disabled after that date.[1] AT 19-28. The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant met the insured status requirements of the Social Security Act as of September 1, 2009, the date that the claimant became disabled.
2. The claimant has not engaged in substantial gainful activity since September 1, 2009, the alleged onset date.
3. At all times relevant to this decision, the claimant has had the following severe impairments: residuals from perforated ulcer and abdominal pain.
4. From September 1, 2009 through June 30, 2011, the period during which the claimant was disabled, 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.
5. After careful consideration of the entire record, the undersigned finds that, from September 1, 2009 through June 30, 2011, the claimant could not perform sustained work activity on a regular and continuing basis at any exertional level due to abdominal pain.
6. From September 1, 2009 through June 30, 2011, the claimant was unable to perform past relevant work.
7. The claimant was born on July 28, 1959 and was 50 years old, which is defined as an individual closely approaching advanced age, on the alleged disability onset date.
8. The claimant has at least a high-school education and is able to communicate in English.
9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity assessed for the period from September 1, 2009 through June 30, 2011.
11. The claimant was under a disability, as defined by the Social Security Act, from September 1, ...

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