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Davalou v. Commissioner of Social Security

United States District Court, E.D. California

March 30, 2018

PAYMON PATRIC DAVALOU, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER

          CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

         Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pursuant to the written consent of all parties, this case is before the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28 U.S.C. § 636(c). Pending before the court are plaintiff's motion for summary judgment (Doc. 13), and defendant's cross-motion for summary judgment (Doc. 17).

         I. PROCEDURAL HISTORY

         Plaintiff applied for social security benefits on August 11, 2011 (child's insurance benefits) and August 31, 2011 (supplemental security income), alleging an onset of disability on June 12, 2003, due to disabilities including bipolar disorder, obsessive compulsive disorder, affective mood disorder, organic mental disorders (Certified administrative record (“CAR”) 61, -62, 74-75, 87-90, 100-01, 137-38, 223). Plaintiff's claim was denied initially and upon reconsideration. Plaintiff requested an administrative hearing, which was held on November 13, 2013, before Administrative Law Judge (“ALJ”) Dante M. Alegre. In a February 27, 2014, decision, the ALJ concluded that plaintiff is not disabled[1] based on the following findings:

1. Born February 9, 1993, the claimant had not attained age 22 as of June 1, 2003, the alleged onset date (20 CFR 404.102, 416.120(c)(4) and 404.350(a)(5)).
2. The claimant has not engaged in substantial gainful activity since June 1, 2003, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments: bipolar disorder and personality disorder (20 CFR 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: he can perform simple repetitive tasks, and have occasional contact with supervisors, co-workers and the public. He can manage simple changes at work.
6. The claimant has no past relevant work (20 CFR 404.1565 and 416.965).
7. The claimant was born on February 9, 1993 and was 10 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date. (20 CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
9. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 40431568 and 416.968).
10. 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 (20 CFR ...

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