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Holcomb v. Colvin

United States District Court, E.D. California

March 17, 2015

GLENN A. HOLCOMB, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

EDMUND F. BRENNAN, Magistrate Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for a period of disability and Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, plaintiff's motion is denied and defendant's motion is granted.

I. BACKGROUND

Plaintiff filed an application for a period of disability and DIB on July 16, 2010, alleging that he had been disabled since June 15, 2010. Administrative Record ("AR") 79, 142-146. Plaintiff's application was denied initially and upon reconsideration. Id. at 81-83, 87-91. On September 25, 2012, a hearing was held before administrative law judge ("ALJ") Jean R. Kerins. Id. at 39-68. Plaintiff was represented by counsel at the hearing, at which he and a vocational expert ("VE") testified. Id.

On October 11, 2012, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.[1] Id. at 21-34. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through September 30, 2013.
2. The claimant has not engaged in substantial gainful activity since June 15, 2010, the alleged onset date (20 CFR 404.1571 et seq. ).
3. The claimant has the following medically determinable impairments: intermittent back and neck strain, mild hand tremor, and an adjustment disorder with depression (20 CFR 404.1521 et seq. ).
* * *
4. The claimant does not have an impairment or combination of impairments that has significantly limited (or is expected to significantly limit) the ability to perform basic work-related activities for 12 consecutive months; therefore, the claimant does not have a severe impairment or combination of impairments (20 CFR 404.1521 et seq. ).
* * *
5. 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, and 404.1526).
* * *
6. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform medium work as defined in 20 CFR 404.1567(c) except he can only occasionally crawl, climb, and kneel.
* * *
7. The claimant is capable of performing past relevant work as a crew leader, loan officer, pharmacy technician, and temp agency worker. This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 404.1565).
* * *
8. The claimant has not been under a disability, as defined in the Social Security Act, from June 15, 2010, through the date of this decision (20 CFR 404.1520(f)).

Id. at 23-33.

Plaintiff requested that the Appeals Council review the ALJ's decision, id. at 13-17, and on July 25, 2013, the Appeals Council denied review, leaving the ALJ's decision as the ...


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