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White v. Colvin

United States District Court, E.D. California

March 9, 2015

ANTHONY JOSEPH WHITE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

ALLISON CLAIRE, Magistrate Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying applications for Disability Insurance 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 deny plaintiff's motion for summary judgment and grant the Commissioner's cross-motion for summary judgment.

I. PROCEDURAL BACKGROUND

Plaintiff, born May 19, 1988, applied on September 23, 2010 for DIB and SSI, alleging disability beginning January 1, 2009. Administrative Transcript ("AT") 177, 179. Plaintiff alleged he was unable to work due to Ehlers Danlos Syndrome and problems with his legs, back, cartilage and tendons. AT 204. In a decision dated October 4, 2012, the ALJ determined that plaintiff was not disabled. AT 37-38. 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 30, 2010.
2. The claimant has not engaged in substantial gainful activity since January 1, 2009, the alleged onset date.
3. The claimant has the following severe impairments: Ehlers-Danlos Syndrome with leg, back, ligament and cartilage problems; anxiety and depression.
4. 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.
5. After careful consideration of the entire record, the undersigned finds that the claimant had the residual functional capacity to lift and carry less than 10 pounds frequently and 10 pounds occasionally; he can stand and walk up to 4 hours out of an 8-hour day and he can sit up to 6 hours out of an 8-hour day; he can frequently push and pull with the bilateral upper extremities; he can occasionally climb stairs and ramps but should never climb ladders, ropes or scaffolds; he can occasionally balance, stoop, kneel, crouch and crawl; he can frequently handle and finger bilaterally; he can frequently reach in all directions; he should avoid exposure to vibrations and hazards such as unprotected heights and moving machinery; he is limited to performing simple routine tasks.
6. The claimant is unable to perform any past relevant work.
7. The claimant was born on May 19, 1988 and was 20 years old, which is defined as a younger individual age 18-49, 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 material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that claimant is "not disabled, " whether or not the claimant has transferable job skills.
10. 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.
11. The claimant has not been under a disability, as defined in the Social Security Act, from January 1, 2009, through the date of this decision.

AT 24-37.

II. FACTUAL BACKGROUND

Born on May 19, 1988, plaintiff was 20 years old on the alleged onset date of disability and 24 at the hearing before the ALJ. AT 46, 179. Plaintiff has a high school diploma. AT 52. In the past, he worked as a shipping and ...


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