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Wilson v. Colvin

United States District Court, E.D. California

March 24, 2015

JOLEEN D. WILSON, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

ORDER

DALE A. DROZD, Magistrate 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 granted, defendant's cross-motion is denied, the decision of the Commissioner of Social Security ("Commissioner") is reversed, and the matter is remanded for further proceedings consistent with this order.

PROCEDURAL BACKGROUND

On October 15, 2010, plaintiff filed an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("the Act") alleging disability beginning on January 1, 1995. (Transcript ("Tr.") at 11, 147-58.) Plaintiff's application was denied initially, (id. at 64-68), and upon reconsideration. (Id. at 75-80.) Thereafter, plaintiff requested an administrative hearing and a hearing was held before an Administrative Law Judge ("ALJ") on May 30, 2012. (Id. at 27.) Plaintiff was represented by an attorney and testified at the administrative hearing. (Id. at 27-28.) In a decision issued on June 22, 2012, the ALJ found that plaintiff was not disabled. (Id. at 22.)

The ALJ entered the following findings:

1. The claimant has not engaged in substantial gainful activity since October 15, 2010, the application date (20 CFR 416.971 et seq. ).
2. The claimant has the following severe impairments: diabetes mellitus, status post laparotomy with left ovarian cystectomy; history of bilateral nephrolithyiasis; straightening of the cervical lordosis secondary to muscle spasm; morbid obesity; bipolar type II disorder, panic disorder without agoraphobia; posttraumatic stress disorder; and alcohol abuse in remission (20 CFR 416.920(c)).
3. 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 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 light work as defined in 20 CFR 416.967(b) except: she could stand and/or walk for 4 hours in an 8-hour workday; she could sit without limitation in an 8-hour workday; she could lift 20 pounds occasionally and 10 pounds frequently; she could frequently climb; she could perform one- to two-step tasks; she could maintain concentration and attention for one- to two-step tasks; she could interact with supervisors and coworkers, but she could interact with the public on an occasional basis; and she is able to adapt to the usual work settings.
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on September 17, 1984 and was 26 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 CFR 416.963).
7. The claimant has at least a high school 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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