United States District Court, S.D. California
THOMAS M. REDDICK, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT, DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY
JUDGMENT, VACATING ALJ’S DECISION, AND REMANDING
TED MOSKOWITZ, CHIEF JUDGE.
action, Plaintiff Thomas M. Reddick seeks review of the
Commissioner of Social Security’s denial of his
application for a period of disability and disability
insurance benefits. Plaintiff and Defendant have filed
cross-motions for summary judgment. For the reasons discussed
below, the Court GRANTS Plaintiff’s motion for summary
judgment, DENIES Defendant’s motion for summary
judgment, VACATES the Commissioner’s decision, and
REMANDS for further proceedings.
February 17, 2011, Plaintiff filed a Title II application for
a period of disability and disability insurance benefits,
alleging disability beginning July 20, 2010.
Plaintiff’s claim was denied initially on June 30,
2011, and upon reconsideration on January 20, 2012.
3, 2013, Plaintiff’s claim was heard by Administrative
Law Judge Robert Iafe (the “ALJ”). On December
27, 2013, the ALJ issued a decision denying benefits.
Plaintiff filed a request for review with the Appeals
Council, which was denied on June 8, 2015. The ALJ’s
decision then became the final decision of the Commissioner
of Social Security. Plaintiff seeks judicial review of the
Commissioner’s decision pursuant to 42 U.S.C. §
ALJ’S FINDINGS AND CONCLUSIONS
conducted the five-step sequential analysis set forth in 20
C.F.R. § 404.1520.
outset, the ALJ found that Plaintiff met the insured status
requirements of the Social Security Act through December 31,
2016. (AR 26.)
then found that Plaintiff had not engaged in substantial
gainful activity since July 20, 2010, the alleged onset date.
the ALJ found that Plaintiff had the following severe
impairments: degenerative disc disease, status post
decompression and fusion; spondylosis (arthritis);
spondylolisthesis at L5-S1 (described as grade 1) with
bilateral foraminal narrowing and impingement; and obesity
(20 C.F.R. 404.1520(c)).
determined that Plaintiff did not have an impairment or
combination of impairments that meets or medically equals the
severity of one of the listed impairments in 20 C.F.R. Part
404, Subpart P, Appendix 1.
five, the ALJ found that Plaintiff has the residual
functional capacity to: lift and carry 10 pounds frequently
and 20 pounds occasionally; stand and walk up to 4 hours out
of an 8-hour day for no more than 30 minutes at a time; sit
up to 6 hours out of an 8-hour day; occasionally climb stairs
and ramps but never climb ladders, ropes, or scaffolds;
occasionally kneel, crouch, stoop, and bend but not on a
repetitive basis; avoid crawling, hazards, dangerous
machinery, unprotected heights, vibrations, extreme cold, and
repetitive trunk twisting.
on the testimony of the vocational expert, the ALJ found that
Plaintiff is able to perform past relevant work as a
financial advisor (DOT No. 250.257-014, SVP-8), consultant
(DOT No. 189.167-010, SVP-8), marketing (DOT NO. 050.067-014,
SVP-7), financial manager (DOT No. 186.167-086, SVP-8), and
vocational instructor (DOT No. 097.221-010, SVP-7).
the ALJ concluded that Plaintiff has not been disabled,
within the meaning of the Social Security Act, from July ...