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Smith v. Colvin

United States District Court, C.D. California

June 22, 2016

GLENN DOUGLAS SMITH, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

          MEMORANDUM OPINION AND ORDER

          KAREN E. SCOTT UNITED STATES MAGISTRATE JUDGE

         Plaintiff Glenn Douglas Smith ("Plaintiff") appeals the final decision of the Administrative Law Judge ("ALJ") denying his application for Social Security Disability Insurance benefits ("DIB") and Supplemental Security Income ("SSI"). For the reasons discussed below, the ALJ's decision is AFFIRMED.

         I. BACKGROUND

         Plaintiff applied for DIB and SSI on March 16, 2012, alleging the onset of disability on August 1, 2011. Administrative Record ("AR") 157, 163. On November 15, 2013, an ALJ conducted a hearing, at which Plaintiff, who was represented by counsel, appeared and testified. AR 25-48.

         On February 28, 2014, the ALJ issued a written decision denying Plaintiff's request for benefits. AR 7-24. The ALJ found that Plaintiff had the severe impairments of "degenerative disc disease and degenerative joint disease of the cervical spine, degenerative joint disease of the right shoulder, hypertension, insulin dependent diabetes mellitus, obesity, coronary artery disease with myocardial infarctions and repeat stenting." AR 12. The ALJ found Plaintiff's medically determinable impairment of carpal tunnel syndrome and pneumothorax (i.e., collapsed lung) to be non-severe and/or not expected to last for a period of 12 months. AR 13.

         Notwithstanding his impairments, the ALJ concluded that Plaintiff had the residual functional capacity ("RFC") to perform light work as defined in 20 C.F.R. §§ 404.156 and 416.967(b) with the following additional restrictions:

• stand and/or walk for six hours in an eight-hour workday with customary breaks, but no more than 15-20 minutes at a time;
• sit for six hours in an eight-hour workday with customary breaks with brief position changes after about 45 minutes;
• occasionally climb ramps and stars, balance, stoop, kneel, crouch and crawl;
• never climb ladders, ropes, or scaffolds;
• no work near unprotected heights, around moving machinery, or other hazards;
• no work requiring hypervigilance or intense concentration on a particular task;
• no work involving concentrated exposure to extremes in temperatures, smoke, fumes, odors or other pulmonary irritants;
• no lifting overhead with his dominant right arm;
• occasional reaching overhead with his dominant right ...

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