United States District Court, E.D. California
TRACY J. DUBORD, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
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). Pending
before the court are plaintiff's motion for summary
judgment (Doc. 11) and defendant's cross-motion for
summary judgment (Doc. 13).
applied for social security benefits protectively on December
7, 2012, alleging an onset of disability on June 1, 2011, due
to bipolar disorder, anxiety/panic disorder, PTSD, chronic
fatigue syndrome, GERD, irritable bowel syndrome, other
disorders of gastrointestinal system, and affective (mood)
disorder (Certified administrative record (“CAR”)
83, 96-97, 105, 198). Plaintiff's claim was denied
initially and upon reconsideration. Plaintiff requested an
administrative hearing, which was held via video on August
28, 2014, before Administrative Law Judge (“ALJ”)
Carol A. Eckersen. In a November 21, 2014, decision, the ALJ
concluded that plaintiff is not disabled based on the
1. The claimant meets the insured status requirements of the
Social Security Act through June 30, 2016.
2. The claimant has not engaged in substantial gainful
activity since June 1, 2011, the alleged onset date (20 CFR
404.1571 et seq.)
3. The claimant has the following severe impairments:
bilateral carpal tunnel syndrome, fibromyalgia, chronic
fatigue syndrome, bipolar disorder, major depressive
disorder, panic disorder and post traumatic stress disorder.
(20 CFR 404.1520(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 and 404.1526).
5. After careful consideration of the entire record, [the
ALJ] find[s] that the claimant has the residual functional
capacity to perform light work as defined in 20 CFR
404.1567(b) with the following limitations: occasional
climbing of ladders, ropes or scaffolds; occasional stooping
and crouching; occasional fingering and handling; simple,
routine and repetitive work; and only occasional face-to-face
interaction with the general public and coworkers.
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565).
7. The claimant born on June 11, 1963 and was 47 years old,
which is defined as a younger individual age 18-49, on the
alleged disability onset date. The claimant subsequently
changed age category to closely approaching advanced age (20
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564).
9. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled, ” whether or
not the claimant has transferable job skills (SSR 82-41 and
20 CFR Park 404, Subpart P, Appendix 2).
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 202.1569 and
11. The claimant has not been under a disability, as defined
in the Social Security Act, at any time from June 1, 2011,
through the date of this decision (20 CFR 404.1520(g)).
(CAR 12-27). After the Appeals Council declined review on
April 28, 2016, ...