United States District Court, C.D. California
ANA L. DONATO, on behalf of SPD, a Minor Child, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
DECISION AND ORDER
E. BIANCHINI UNITED STATES MAGISTRATE JUDGE
of 2014, Plaintiff Ana Donato, the mother and natural
guardian of SPD (“Claimant”), filed an
application on Claimant's behalf for Supplemental
Security Income (“SSI”) benefits under the Social
Security Act. The Commissioner of Social Security denied the
represented by Irene Ruzin, Esq., commenced this action
seeking judicial review of the Commissioner's denial of
benefits pursuant to 42 U.S.C. §§ 405 (g) and 1383
(c)(3). The parties have consented to the jurisdiction of a
United States Magistrate Judge. (Docket No. 12, 14).
December 6, 2016, this case was referred to the undersigned
pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket
procedural history may be summarized as follows:
is the mother of Claimant, a minor child. On June 24, 2014,
Plaintiff filed an application for SSI benefits on
Claimant's behalf, alleging disability beginning March
29, 2001. (T at 115-23). The application was denied initially
and Plaintiff requested a hearing before an Administrative
Law Judge (“ALJ”). On February 3, 2016, a hearing
was held before ALJ James Delphey. (T at 31).
and Plaintiff appeared with an attorney. (T at 31). Claimant
testified (T at 34-48), as did Plaintiff. (T at 48-63).
February 24, 2016, the ALJ issued a written decision denying
the application for benefits and finding that Claimant was
not disabled within the meaning of the Social Security Act.
(T at 12-30). The ALJ's decision became the
Commissioner's final decision on June 16, 2016, when the
Social Security Appeals Council denied Plaintiff's
request for review. (T at 1-6).
8, 2016, Plaintiff, acting by and through her attorney and on
Claimant's behalf, commenced this action by filing a
Complaint in the United States District Court for the Central
District of California. (Docket No. 1). The Commissioner
interposed an Answer on October 24, 2016. (Docket No. 16).
parties filed a Joint Stipulation on April 14, 2017. (Docket
reviewing the record, pleadings, and Joint Stipulation, the
Commissioner's motion is granted, Plaintiff's motion
is denied, and this case is dismissed.
Sequential Evaluation Process
individual under the age of eighteen (18) is disabled, and
thus eligible for SSI benefits, if he or she has a medically
determinable physical or mental impairment that 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). However, that
definitional provision excludes from coverage any