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Hurtado v. Colvin

United States District Court, E.D. California

September 29, 2014

MARY A. HURTADO, 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' cross-motions for summary judgment are pending. For the reasons discussed below, plaintiff's motion is denied and defendant's motion is granted.

I. BACKGROUND

Plaintiff filed an application for a period of disability and DIB on June 25, 2010, alleging that she has been disabled since September 9, 2006. Administrative Record ("AR") 150-156. Plaintiff's application was denied initially and upon reconsideration. Id. at 69-80. On December 19, 2011, a hearing was held before administrative law judge ("ALJ") Daniel Heely. Id. at 9-44. Plaintiff, who was represented by counsel, testified as did a vocational expert ("VE") testified. Id.

On January 27, 2012, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.[1] Id. at 48-53. The ALJ made the following specific findings:

1. The claimant last met the insured status requirements of the Social Security Act on June 30, 2011.
2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of September 9, 2009 through her date last insured of June 30, 2011 (20 CFR 404.1571 et seq. ).
3. Through the date last insured, the claimant had the following severe impairments: Hepatitis, status-post partial pancreatectomy, right dominant upper extremity pain (status-post carpal tunnel surgery) (20 CFR 404.1520(c)).
4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically equaled the severity of 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, through the date last insured, the claimant had the residual functional capacity to perform the full range of light work as defined in 20 CFR 404.1567(b).
* * *
6. Through the date last insured, the claimant was capable of performing past relevant work as a mail sorter. This work did not require the performance of work-related activities precluded by the ...

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