United States District Court, C.D. California
A.S.G., by and through her Guardian ad Litem April Zachry, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
Honorable Jacqueline Chooljian UNITED STATES MAGISTRATE JUDGE
21, 2016, April Zachry (“plaintiff's
mother”), as the Guardian Ad Litem for minor child
A.S.G. (“plaintiff”), filed a Complaint seeking
review of the Commissioner of Social Security's denial of
plaintiff's application for benefits. The parties have
consented to proceed before the undersigned United States
matter is before the Court on the parties' cross motions
for summary judgment, respectively (“Plaintiff's
Motion”) and (“Defendant's Motion”).
The Court has taken both motions under submission without
oral argument. See Fed.R.Civ.P. 78; L.R. 7-15; July
29, 2016 Case Management Order ¶ 5.
on the record as a whole and the applicable law, the decision
of the Commissioner is AFFIRMED. The findings of the
Administrative Law Judge (“ALJ”) are supported by
substantial evidence and are free from material error.
BACKGROUND AND SUMMARY OF ADMINISTRATIVE DECISION
March 23, 2012, plaintiff's mother, on behalf of
plaintiff, filed an application for Supplemental Security
Income alleging disability beginning on November 16, 2011,
due to epilepsy and seizures. (Administrative Record
154, 185). The ALJ examined the medical record and heard
testimony from plaintiff (who was represented by counsel) and
plaintiff's mother on January 30, 2014. (AR 35-68).
March 14, 2014, the ALJ determined that plaintiff was not
disabled through the date of the decision. (AR 12-26).
Specifically, the ALJ found: (1) plaintiff has not engaged in
substantial gainful activity since March 23, 2012, the
application date (AR 15); (2) plaintiff suffers from the
following severe impairments: seizures and migraine headaches
(AR 15); (3) plaintiff does not have an impairment or
combination of impairments that meets or medically equals a
listed impairment (AR 15); (3) plaintiff does not have an
impairment or combination of impairments that functionally
equals the severity of the listings
15); and (4) plaintiff's statements regarding the
intensity, persistence, and limiting effects of subjective
symptoms were not entirely credible (AR 17).
November 24, 2015, the Appeals Council denied plaintiff's
application for review. (AR 5).
APPLICABLE LEGAL STANDARDS
Childhood Disability Claims - Sequential Evaluation
qualify for childhood disability benefits an
“individual under the age of 18” (i.e.,
“child” or “claimant”) must establish
that he or she has “a medically determinable physical
or mental impairment, which results in marked and severe
functional limitations, and which can be expected to result
in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.” 42
U.S.C. § 1382c(a)(3)(C)(i); 20 ...