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Parks v. Colvin

United States District Court, E.D. California

September 30, 2014

JENNIFER ERIN PARKS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

EDMUND F. BRENNAN, District Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her applications for a period of disability and Disability Insurance Benefits ("DIB") and for Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, the court denies plaintiff's motion and grants the Commissioner's motion.

I. BACKGROUND

Plaintiff filed applications for a period of disability, DIB, and SSI on March 23, 2010, alleging that she had been disabled since October 20, 2008. Administrative Record ("AR") 186-193. Plaintiff's applications were denied initially and upon reconsideration. Id. at 105-109, 115-120. On January 20, 2012, a hearing was held before administrative law judge ("ALJ") K. Kwon. Id. at 52-99. Plaintiff was represented by counsel at the hearing, at which she, her mother, and a vocational expert ("VE") testified. Id.

On February 21, 2012, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i), 223(d), and 1614(a)(3)(A) of the Act.[1] Id. at 26-37. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2013.
2. The claimant has not engaged in substantial gainful activity since September 12, 2008, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq. ).
* * *
3. The claimant has the following severe impairments: bipolar disorder and obesity (20 CFR 404.1520(c) and 416.920(c)).
* * *
4. 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, 416.926).
* * *
5. The claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: no more than occasional interaction with the general public.
* * *
6. The claimant is capable of performing past relevant work as a data entry clerk/clerical assistant. These jobs do not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 404.1565 and 416.965).
* * *
7. The claimant is not disabled as defined in the Social Security Act at any time through the date of this decision (20 ...

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