United States District Court, C.D. California
MEMORANDUM OPINION AND ORDER
PYM United States Magistrate Judge
November 21, 2016, plaintiff Alitha McCloud filed a complaint
against the Commissioner of the Social Security
Administration (“Commissioner”), seeking a review
of a denial of supplemental security income
(“SSI”). Both plaintiff and defendant have
consented to proceed for all purposes before the assigned
Magistrate Judge pursuant to 28 U.S.C. § 636(c). The
court deems the matter suitable for adjudication without oral
argues the Administrative Law Judge (“ALJ”) erred
at step five because he failed to resolve a conflict between
the testimony of the vocational expert and the Occupational
Outlook Handbook, and the step five finding was not supported
by substantial evidence. Memorandum in Support of Complaint
(“P. Mem.”) at 4; Memorandum in Support of
Defendant's Answer (“D. Mem.”) at 3-8.
carefully studied the parties' memoranda, the
Administrative Record (“AR”), and the decision of
the ALJ, the court concludes that, as detailed herein,
plaintiff waived her challenge to the ALJ's step five
finding, and even if not waived, substantial evidence
supports the ALJ's finding at step five. Consequently,
this court affirms the decision of the Commissioner denying
FACTUAL AND PROCEDURAL BACKGROUND
who was forty years old on her alleged onset of disability
date, has an eleventh grade education. AR at 39, 54, 185.
Plaintiff has no past relevant work. Id. at 29, 38.
8, 2013, plaintiff protectively filed an application for SSI
due to high blood pressure, muscle spasms, and arthritis.
Id. at 54; see id. at 134-39. The
Commissioner denied plaintiff's application initially and
upon reconsideration, after which she filed a request for a
hearing. Id. at 80-93.
1, 2015, plaintiff, represented by counsel, appeared and
testified at a hearing before the ALJ. Id. at 34-53.
A vocational expert, Gregory Jones, also testified.
Id. at 48-52. On June 9, 2015, the ALJ denied
plaintiff's claim for benefits. Id. at 23-30.
the well-known five-step sequential evaluation process, the
ALJ found, at step one, that plaintiff had not engaged in
substantial gainful activity since May 8, 2013, the
application date. Id. at 25.
two, the ALJ found plaintiff suffered from the severe
impairments of degenerative disk disease of the lumbar spine
and degenerative joint disease involving the knees.
three, the ALJ found plaintiff's impairments did not meet
or medically equal one of the listed impairments set forth in
20 C.F.R. Part 404, Subpart P, Appendix 1. Id.
then assessed plaintiff's residual functional capacity
(“RFC”),  and determined she had the RFC to perform
light work with the limitations that plaintiff could: lift
and carry twenty pounds occasionally and ten pounds
frequently; stand and walk for four hours out of an
eight-hour workday; occasionally push and pull with the right
lower extremity; occasionally climb ladders, ropes,
scaffolds, ramps, and stairs; and occasionally balance,
kneel, crouch, ...