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Dickey v. Colvin

United States District Court, E.D. California

March 30, 2015

DAVID DEAN DICKEY, 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 have filed cross-motions for summary judgment. 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 May 21, 2010, alleging that he had been disabled since January 1, 2010. Administrative Record ("AR") 134-140. Plaintiff's application was denied initially and upon reconsideration. Id. at 73-76, 84-86. On July 2, 2012, a hearing was held before administrative law judge ("ALJ") Wynne O'Brien-Persons. Id. at 31-70. Plaintiff was represented by counsel at the hearing, at which he and a vocational expert ("VE") testified. Id.

On July 19, 2010, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.[1] Id. at 18-26. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through March 31, 2013.
2. The claimant has not engaged in substantial gainful activity since January 1, 2010, the alleged onset date (20 CFR 404.1571 et seq. ).
* * *
3. The claimant has the following severe impairments: degenerative changes of the cervical and lumbar spine, shoulder pain of an unknown etiology, obesity, asthma, sleep apnea, and depression (20 CFR 404.1520(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, and 404.1526).
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5. After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) with no more than occasional climbing ladders, ropes, or scaffolds; no more than occasional crawling; no more than frequent kneeling; no more than frequent right-sided overhead reaching; no more than frequent left-sided gross ...

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