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Trimble v. Colvin

United States District Court, E.D. California

March 20, 2015

WILHELMINA TRIMBLE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

EDMUND F. BRENNAN, District Judge.

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her applications for a period of disability and Disability Insurance Benefits ("DIB") and for Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. The parties have filed cross-motions for summary judgment. For the reasons discussed below, the court grants plaintiff's motion, denies defendant's motion, and remands the matter for further proceedings.

I. BACKGROUND

Plaintiff filed applications for a period of disability, DIB, and SSI on March 24, 2011, 2011, alleging that she had been disabled since December 15, 2010. Administrative Record ("AR") 172-185. Plaintiff's applications were denied initially and upon reconsideration. Id. at 87-91, 94-99. On February 14, 2012, and July 2, 2012, hearings were held before administrative law judge ("ALJ") Trevor Skarda. Id. at 29-67. Plaintiff was represented by counsel at the hearings, at which she and a vocational expert ("VE") testified. Id.

On July 19, 2012, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i), 223(d), and 1614(a)(3)(A) of the Act.[1] Id. at 12-24. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through June 30, 2012.
2. The claimant has not engaged in substantial gainful activity since December 15, 2010, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq. ).
3. The claimant has the following severe impairments: plantar fasciitis, Achilles contractures, obesity, and hypertension (20 CFR 404.1520(c) and 416.920(c)).
* * *
4. 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, 404.1526, 416.920(d), 416.925 and 416.926).
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5. After careful consideration of the entire record, the undersigned find that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b). The claimant may occasionally climb, balance, stoop, kneel, crouch, and crawl. She must avoid concentrated exposure to extreme cold. She must avoid moderate exposure to wetness and humidity. She requires a handheld assistive device for ambulation for any distance that exceeds 100 feet.
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6. The claimant is capable of performing past relevant work as a customer service supervisor. This work does not require the performance of work-related activities precluded by the claimant's residual ...

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