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Barnum v. Colvin

United States District Court, E.D. California

March 17, 2015

LONDELL E. BARNUM, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

ORDER

DALE A. DROZD, District Judge.

This social security action was submitted to the court without oral argument for ruling on plaintiff's motion for summary judgment and defendant's cross-motion for summary judgment. For the reasons explained below, plaintiff's motion is denied, defendant's cross-motion is granted, and the decision of the Commissioner of Social Security ("Commissioner") is affirmed.

PROCEDURAL BACKGROUND

On November 30, 2010, plaintiff filed an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("the Act") alleging disability beginning on February 3, 1998. (Transcript ("Tr.") at 15, 130-38.) Plaintiff's application was denied initially, (id. at 64-68), and upon reconsideration. (Id. at 74-78.) Thereafter, plaintiff requested an administrative hearing and a hearing was held before an Administrative Law Judge ("ALJ") on May 17, 2012. (Id. at 32.) Plaintiff was represented by an attorney and testified at the administrative hearing. (Id. at 32-33.) In a decision issued on June 22, 2012, the ALJ found that plaintiff was not disabled. (Id. at 23.)

The ALJ entered the following findings:

1. The claimant has not engaged in substantial gainful activity since November 30, 2010, the application date (20 CFR 416.971 et seq. ).
2. The claimant has the following severe impairments: degenerative joint disease of the right knee and leg length discrepancy; osteoarthritis; obesity (20 CFR 416.920(c)).
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 (20 CFR 416.920(d), 416.925 and 416.926).
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 416.967(a) except he can walk slightly less than two hours of an eight hour day; can stand slightly less than two hours of an eight hour day; can sit about six hours of an eight hour day; must use a cane to walk on all terrain or any distance; can lift and carry twenty pounds occasionally and ten pounds frequently; can occasionally balance, bend, climb ramps/stairs but not ladders, ropes or scaffolds, crawl, crouch, kneel and stoop; and must avoid even moderate exposure to hazards (dangerous machinery, unprotected heights, etc.).
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on March 16, 1974 and was 36 years old, which is defined as a younger individual age 18-44, on the date the application was filed (20 CFR 416.963).
7. The claimant has a limited education and is able to communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).
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 ...

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