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Ferrell v. Colvin

United States District Court, E.D. California

September 30, 2014

STANLEY ALEXANDER FERRELL, 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 his 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 protectively filed an application for a period of disability and DIB on February 24, 2010, alleging that he has been disabled since June 9, 2009. Administrative Record ("AR") 156-57. Plaintiff's application was denied initially and upon reconsideration. Id. at 86-89, 96-100. On November 7, 2011, a hearing was held before administrative law judge ("ALJ") K. Kwon. Id. at 31-80. Plaintiff was represented by counsel at the hearing, at which he and a vocational expert ("VE") testified. Id.

On December 16, 2011, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.[1] Id. at 18-26. The ALJ made the following specific findings:

1. The claimant last met the insured status requirements of the Social Security Act on December 31, 2009.
2. The claimant did not engage in substantial gainful activity during the period from his alleged onset date of June 9, 2009 through his date last insured of December 31, 2009 (20 CFR 404.1571 et seq. ).
* * *
3. Through the date last insured, the claimant had the following severe impairments: hypertension, obesity, and hepatitis C (stage 1) (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 less than the full range of light work as defined in 20 CFR 404.1567(b). He should avoid work at e [sic] to unprotected heights, with hardous [sic] machinery, and should not climb ladders, ropes or scaffolds.
* * *
6. Through the date last insured, the claimant was capable of performing past relevant work as an electronic technician/production supervisor, and regional manager. This work did not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 404.1565).
* * *
7. The claimant was not under a disability, as defined in the Social Security Act, at any time from June 9, 2009, the alleged onset date, through December 31, 2009, the date last insured (20 CFR 404.1520(f)).

Id. at 20-26.

Plaintiff's request for Appeals Council review was denied on January 17, 2013, leaving the ALJ's decision as the final ...


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