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Bollinger v. Colvin

United States District Court, E.D. California

October 16, 2014

CANDACE BOLLINGER, 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") denying an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). For the reasons discussed below, the court will deny plaintiff's motion for summary judgment and grant the Commissioner's cross-motion for summary judgment.

BACKGROUND

Plaintiff, born April 21, 1964, applied on January 29, 2010 for SSI, alleging disability beginning September 1, 2003. Administrative Transcript ("AT") 112-120. Plaintiff alleged she was unable to work due to back pain, tumors, fatigue, memory loss, bone and joint pain, eye problems, and pains in the neck, jaw bones, and ears. AT 130. In a decision dated February 15, 2012, the ALJ determined that plaintiff was not disabled.[1] AT 17-27. The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant has not engaged in substantial gainful activity since January 11, 2010, the application date.
2. The claimant has the following severe impairments: benign right thyroid nodule, hypothyroidism, obesity, plantar fasciitis of the right foot, left fifth metatarsalgia, cervical spondylosis, headaches, multifibroid uterus, internal lipoma, fibromyalgia, adjustment disorder with anxious and depressed features, and pain disorder.
3. The claimant does 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.
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined [in the regulations] except she is limited to performing simple, repetitive tasks (i.e. unskilled work).
5. The claimant has no past relevant work.
6. The claimant was born on April 21, 1964 and was 45 years old, which is defined as a younger individual age 18-49, on the date the application was filed.
7. The claimant has at least a high-school education and is able to communicate in English.
8. Transferability of job skills is not an issue in this case because the claimant does not have past relevant work.
9. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform.
10. The claimant has not been under a disability, as defined in the Social Security Act, since January 11, 2010, the ...

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