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Clark v. Commissioner of Social Security

United States District Court, E.D. California

August 22, 2014

HOWARD M. CLARK, JR., Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

FINDINGS AND RECOMMENDATION

CRAIG M. KELLISON, Magistrate Judge.

Plaintiff, who is proceeding without counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. ยง 405(g). Pending before the court are plaintiff's motion for summary judgment (Doc. 21) and defendant's cross-motion for summary judgment (Doc. 22).

I. PROCEDURAL HISTORY

Plaintiff applied for social security benefits on June 8, 2009, alleging an onset of disability on March 14, 2009, due to disabilities including HIV infection, asthma, depression, hypertension, and stress. (Certified administrative record ("CAR") 32-35, 130-31, 137-40, 161-65). Plaintiff's claim was denied initially and upon reconsideration. Plaintiff requested an administrative hearing, which was held on April 13, 2011, before Administrative Law Judge ("ALJ") Allan K. Goldhammer. In a May 6, 2011, decision, the ALJ concluded that plaintiff is not disabled[1] based on the following findings:

1. The Claimant filed applications for a period of disability and disability insurance benefits for supplemental security income on June 8, 2009.
2. The Claimant meets the insured status requirements of the Social Security Act through the date of this decision (Exhibit 3D).
3. The evidence does not show that the Claimant has engaged in substantial gainful activity since March 14, 2009, the alleged onset date (Exhibit 3D) (20 CFR 404.1571 et seq., and 416.971 et seq. ).
4. The Claimant has the following severe impairments: asthma; depression; and, obesity (Exhibit 7F, p. 14-15)(20 CFR 404.1520(c) and 416.920(c)).
5. 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, 416.920(d), 416.925 and 416.926).
6. After careful consideration of the entire record, I find that the Claimant has the residual functional capacity to perform medium work as defined in 20 CFR 404.1567(c) and 416.967(c) with no exposure to concentrated atmospheric irritants such as dusts, fumes, gases, etc., and no work with the public.
7. The Claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
8. The Claimant was born on August 3, 1982 and was 26 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563 and 416.963).
9. The Claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
10. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the Claimant is "not disabled, " whether or not the Claimant has transferable job ...

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