United States District Court, E.D. California
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE
seeks judicial review of a final decision of the Commissioner
of Social Security (“Commissioner”) denying an
application for Supplemental Security Income
(“SSI”) under Title XVI of the Social Security
Act (“Act”). For the reasons discussed below, the
court will deny plaintiff's motion for summary judgment
and grant the Commissioner's cross-motion for summary
born July 5, 1962, applied on April 30, 2012 for SSI,
alleging disability beginning June 1, 2011. Administrative
Transcript (“AT”) 90. Plaintiff alleged she was
unable to work due to severe anxiety and depression,
Hepatitis C, degenerative disk disease, arthritis, fused
vertebrae, and torn discs. AT 90. In a decision dated January
30, 2014, the ALJ determined that plaintiff was not
disabled. AT 120-135. The Appeals Council granted
plaintiff's request for review and remanded for another
hearing and decision. AT 136-140. At the second hearing in
November 2015, the ALJ took testimony from plaintiff and a
vocational expert. AT 57-87. In his January 2016 decision (AT
14-33), the ALJ made the following findings (citations to 20
1. The claimant has not engaged in substantial gainful
activity since April 30, 2012, the application date.
2. The claimant has the following severe impairments:
degenerative disc disease, chronic obstructive pulmonary
disease (COPD), and affective disorder.
3. The claimant does not have an impairment or combination of
impairments that meets or medically equals one of the listed
impairments in 20 CFR Part 404, Subpart P, Appendix 1.
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform less than the full range of
light work. Specifically, the claimant could lift and/or
carry ten pounds frequently, twenty pounds occasionally; she
could six for six hours out of an eight-hour workday; she
could stand and/or walk for six hours out of an eight-hour
workday; she could frequently climb ramps and stairs and
stoop; she could occasionally climb ladders, ropes, or
scaffolds; she could occasionally reach overhead; she is to
avoid all exposure to extreme cold, fumes, dusts, gases, poor
ventilation, and hazards; and she is limited to simple
unskilled nonpublic work with occasional interaction with
5. The claimant has no past relevant work.
6. The claimant was born on July 5, 1962, which is defined as
a younger individual age 18-49 on the date the application
was filed. The claimant subsequently changed age category to
closely approaching advanced age.
7. The claimant has a limited education and is able to
communicate in English.
8. Transferability of job skills is not an issue in this case
because the claimant does not have past relevant work.
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national economy
that the claimant can perform.
10. The claimant has not been under a disability, as defined
in the Social Security Act, since April 30,
2012, the date the application was filed.