United States District Court, E.D. California
For Latavia Hurts, Plaintiff: Bess M. Brewer, LEAD ATTORNEY, Bess M. Brewer, Sacramento, CA.
For Commissioner of Social Security, Defendant: Bobbie J. Montoya, ss, LEAD ATTORNEY, United States Attorney's Office, Sacramento, CA; Tova D. Wolking, LEAD ATTORNEY, U S Department of Justice, Social Security Administration, San Francisco, CA.
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (" Commissioner") determining plaintiff was no longer eligible for Supplemental Security Income (" SSI") under Title XVI of the Social Security Act (" Act") because she did not meet the adult rules for disability. 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. § 405(g).
Plaintiff was awarded SSI when she was eight years old. Once plaintiff attained the age of eighteen, plaintiff's disability was redetermined under the rules for disability used for adults. Administrative Transcript (" AT") 13-14. The medical improvement review standard is inapplicable to the disability redetermination. AT 14. Plaintiff alleged she was unable to work due to problems with learning, understanding and remembering. AT 140. In a decision dated September 27, 2012, the ALJ determined that plaintiff's disability ended on February 1, 2007. AT 13-23. The ALJ made the following findings (citations to 20 C.F.R. omitted):
1. The claimant attained age 18 on December 10, 2004, and was eligible for supplemental security income benefits as a child for the month preceding the month in which she attained age 18. The claimant was notified that she was found no longer disabled as of February 1, 2007, based on a redetermination of disability under the rules for adults who file new applications.
2. Since February 1, 2007, the claimant has had the following severe impairments: depression, post traumatic stress disorder (PTSD), learning disorder and borderline intellectual functioning.
3. Since February 1, 2007, 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.
4. After careful consideration of the entire record, the undersigned finds that since February 1, 2007, the claimant has had the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: the claimant can perform simple repetitive tasks; understand simple instructions; and can occasionally interact with supervisors, peers and the public.
5. The claimant has no past relevant work.
6. The claimant was born on December 11, 1986 and is a younger individual age 18-49.
7. The claimant has a limited education and is able to communicate in English.
8. Transferability of job skills is not an issue because the claimant does not ...