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Croker v. Berryhill

United States District Court, E.D. California

March 30, 2017

CYNTHIA J. CROKER, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant.

          ORDER

          EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE.

         Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for a period of disability and Disability Insurance Benefits (“DIB”) under Titles II of the Social Security Act. The parties have filed cross-motions for summary judgment. For the reasons discussed below, plaintiff's motion for summary judgment is granted, the Commissioner's motion is denied, and the matter is remanded for further proceedings.

         I. BACKGROUND

         Plaintiff filed an application for a period of disability and DIB, alleging that he had been disabled since June 30, 2005. Administrative Record (“AR”) 148-155. Plaintiff's application was denied initially and upon reconsideration. Id. at 77-81, 83-88. On October 9, 2014, a hearing was held before administrative law judge (“ALJ”) David M. Blume. Id. at 37-56. Plaintiff was represented by counsel at the hearing, at which she and a vocational expert testified. Id.

         On December 29, 2014, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act.[1] Id. at 22-32. The ALJ made the following specific findings:

1. The claimant last met the insured status requirements of the Social Security Act on December 31, 2010.
2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of June 30, 2005 through her date last insured of December 31, 2010 (20 CFR 404.1571 et seq.).
3. Through the date last insured, the claimant had the following severe impairments: right knee internal derangement and depression (20 CFR 404.1520(c)).
* * *
4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically equaled 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).
* * *
5. After careful consideration of the entire record, I find that, through the date last insured, the claimant had the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except she could perform detailed but not complex tasks.
* * *
6. Through the date last insured, the claimant was capable of performing past relevant work as a collection agent. This work did not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 404.1565).
* * *
7. The claimant has not been under a disability, as defined in the Social Security Act, at any time from June 30, 2005, the alleged onset date, through December 31, 2010, the ...

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