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Ross v. Colvin

United States District Court, E.D. California

October 2, 2014

JOHN F. ROSS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") partially granting and partially denying plaintiff's applications for Disability Income Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("Act"), respectively. For the reasons discussed below, the court will grant plaintiff's motion for summary judgment, deny the Commissioner's cross-motion for summary judgment and remand this matter under sentence four of 42 U.S.C. ยง 405(g) for immediate payment of benefits.

BACKGROUND

Plaintiff, born August 4, 1982, applied on October 3, 2011 for DIB and SSI, alleging disability beginning September 6, 2011. Administrative Transcript ("AT") 158, 164. Plaintiff alleged he was unable to work due to back problems and stage two liver cancer. AT 201. In a decision dated April 2, 2013, the ALJ determined that plaintiff was disabled for a closed period from September 6, 2011 and ending on December 16, 2012, that medical improvement occurred as of July 1, 2011, and that plaintiff was not disabled after that date.[1] AT 28. The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant meets the insured status requirements of the Social Security Act through September 6, 2011.
2. The claimant has not engaged in substantial gainful activity since September 6, 2011, the alleged onset date.
3. Since September 6, 2011, the claimant has had the following severe impairments: degenerative disc disease of the lumbar spine, status post L5-S1 laminectomy and discectomy, with radiculopathy.
4. Since September 6, 2011, the claimant did 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.
5. After careful consideration of the entire record, the undersigned finds that, from September 6, 2011 through December 15, 2012, the claimant had the residual functional capacity to perform sedentary work... except: he could have lifted and/or carried 10 pounds occasionally and frequently; he could have stood and/or walked for 2 hours in an 8-hour workday, in 10-minute increments; he could have sat for 6 hours in an 8-hour workday; he required the option of alternating between sitting, standing, and walking at will when he was not permitted to leave the workstation; and he could have occasionally performed postural activities.
6. From September 6, 2011 through December 15, 2012, the claimant was unable to perform any past relevant work.
7. The claimant was born on August 4, 1982 and was a younger individual age 18-44, on the alleged disability onset date.
8. The claimant has at least a high school education and is able to communicate in English.
9. Transferability of job skills is not an issue because the claimant's past relevant work is unskilled.
10. From September 6, 2011 through December 15, 2012, considering the claimant's age, education, work experience, and residual functional capacity, there were no jobs that existed in significant numbers in the ...

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