United States District Court, C.D. California
MEMORANDUM OPINION AND ORDER
E. SCOTT UNITED STATES MAGISTRATE JUDGE
Terron M. (“Plaintiff”) stopped working in
December 2005. Administrative Record (“AR”) 188.
He applied for Social Security disability benefits in January
2015, alleging disability commencing December 1, 2014. AR 55.
He identified paranoia (which he has had since 1993) and a
right “boxer fracture” (i.e., a broken wrist/hand
bone) as his disabling impairments. AR 55, 58. In March 2015,
he identified right arm and hand pain along with mental
issues as his disabling conditions. AR 194-201. On March 8,
2017, an Administrative Law Judge (“ALJ”)
conducted a hearing at which Plaintiff, who was represented
by an attorney, appeared and testified, as did a vocational
expert (“VE”). AR 31-44. A supplemental hearing
was held on August 16, 2017. AR 45-54. On December 15, 2017,
the ALJ issued an unfavorable decision. AR 12-30. The ALJ
found that Plaintiff suffered from medically determinable
severe impairments consisting of “history of
pancreatitis”; “history of ‘benign'
pancreatic mass”; degenerative joint disease of the
right wrist; and a history of substance abuse. AR 17. Despite
these impairments, the ALJ found that Plaintiff had a
residual functional capacity (“RFC”) to perform a
narrowed range of medium work. AR 20.
on the RFC analysis and the VE's testimony, the ALJ found
that Plaintiff could work perform his past relevant work as a
home attendant. AR 24. The ALJ concluded that Plaintiff was
not disabled. AR 25.
One: Whether the ALJ properly considered the
applicability of Listing 5.08.
Two: Whether the ALJ properly considered the opinions of
treating physician Naeemah Ghafur in the February 2016
“Medical Opinion Re: Ability to do Work-Related
Activities (Physical)” form (the “Medical Opinion
Form” at ¶ 729-31).
23, Joint Stipulation [“JS”] at 3.)
ISSUE ONE: Listing 5.08.
Steps Two and Three of the Sequential ...