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Radney v. Colvin

United States District Court, E.D. California

March 19, 2015

MARIE JEANNETTE RADNEY, 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") finding plaintiff did not continue to be disabled for purposes of receiving 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 November 17, 1957, applied for SSI benefits on March 4, 2011, alleging disability beginning February 1, 2010. Administrative Transcript ("AT") 12, 79. Plaintiff alleged she was unable to work due to chronic pain in her back, left hip, right knee, lower legs, and arms resulting from chronic pain syndrome, degenerative joint disease of the hips and knees, venous insufficiency, asthma, and obesity. AT 16. In a decision dated March 11, 2014, the ALJ determined that plaintiff was not disabled.[1] AT 12-24. The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant has not engaged in substantial gainful activity since March 4, 2011, the application date.
2. The claimant has the following severe impairments: chronic pain syndrome, osteoarthritis, degenerative joint disease of the hips and knees, status post bilateral total hip arthoplasty, venous insufficiency, asthma and obesity.
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 20 CFR 416.967(b) except the claimant can lift carry 20 pounds occasionally and 10 pounds frequently; walk for 4 hours in an 8-hour workday; stand 4 hours in an 8-hour workday; sit for 6 hours in an 8-hour workday; can frequently push and pull with the bilateral lower extremities; can never climb ladders, ropes, and scaffolds and occasionally climb ramps and stairs, balance, stoop, kneel, crouch and crawl; and should avoid concentrated exposure to fumes, odors, dusts, poor ventilations and hazards such as unprotected heights, moving machinery and uneven terrain.
5. The claimant is capable of performing past relevant work as a customer service representative and teacher for deaf children. This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity.
6. The claimant has not been under a disability, as defined in the Social Security Act, since March 4, 2011, the date the application was filed.

AT 14-24.

ISSUES PRESENTED

Plaintiff argues that the ALJ committed the following errors in finding plaintiff not disabled: the ALJ failed to make a residual functional capacity ("RFC") determination that reflected the medical evidence in the record and (2) failed to properly consider ...


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