United States District Court, E.D. California
M. KELLISON UNITED STATES MAGISTRATE JUDGE
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).
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 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
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
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
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
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 ...