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Charpentier v. Colvin

United States District Court, E.D. California

September 29, 2014

TIFFANY ANN CHARPENTIER, 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 Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, plaintiff's motion is granted, defendant's motion is denied, and the matter is remanded for further proceedings.

I. BACKGROUND

Plaintiff protectively filed an application for SSI March 29, 2010, alleging a period of disability beginning on March 31, 2004.[1] Administrative Record ("AR") 200-208. Plaintiff's application was initially denied on June 1, 2010, and upon reconsideration on October 29, 2010.[2] Id. at 111-116, 127-132. On March 8, 2012, a hearing was held before administrative law judge ("ALJ") Trevar Skarda. Id. at 37-54. Plaintiff was represented by counsel at the hearing, at which she and a vocational expert ("VE") testified. Id.

On March 19, 2012, the ALJ issued a decision finding that plaintiff was not disabled under section 1614(a)(3)(A) of the Act.[3] Id. at 22-31. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2004.
2. The claimant has not engaged in substantial gainful activity since March 31, 2004, the alleged onset date (20 CFR 404.1571 et seq. and 416.971 et seq. ). The claimant has the following serve impairments: Depression, anxiety, polysubstance dependence in remission (20 CFR 404.1520(c) and 416.920(c)).
* * *
3. The claimant does not have an impairment or combination of impairments that meets or medically equals 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, 416.920(d), 416.925 and 416.926).
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4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: The claimant is limited to simple routine repetitive tasks and occasional superficial interaction with the public.
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5. The claimant is unable to perform any past relevant work (20 CFR ...

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