United States District Court, E.D. California
F. BRENNAN UNITED STATES MAGISTRATE JUDGE
seeks judicial review of a final decision of the Commissioner
of Social Security (“Commissioner”) denying her
applications for a period of disability and Disability
Insurance Benefits (“DIB”) and Supplemental
Security Income (“SSI”) under Titles II and XVI
of the Social Security Act. The parties have filed
cross-motions for summary judgment. ECF Nos. 12 & 18. For
the reasons discussed below, plaintiff’s motion for
summary judgment is granted, the Commissioner’s motion
is denied, and the matter is remanded for further
November 2014, plaintiff filed applications for a period of
disability, DIB, and SSI. Administrative Record
(“AR”) 253-88, 319-27. Her applications were
denied initially and upon reconsideration. Id. at
200-05, 208-13. A hearing was subsequently held before
administrative law judge (“ALJ”) Trevor Skarda.
Id. at 146-59. Plaintiff was represented by counsel
at the hearing, at which she and a vocational expert
January 17, 2017, the ALJ issued a decision finding that
plaintiff was not disabled under sections 216(i), 223(d), and
1614(a)(3)(A) of the Act. Id. at 98-105. The ALJ made
the following specific findings:
1. The claimant meets the insured status requirements of the
Social Security Act through September 30, 2016 (Ex. 11 D/1).
2. The claimant has not engaged in substantial gainful
activity since February 24, 2011, the alleged onset date (20
CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairment: diabetes
mellitus, obesity, and bilateral knee osteoarthritis (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 light work as defined in 20
CFR 404.1567(b) and 416.967(b) except the claimant can only
occasionally climb, balance, stoop, kneel, crouch and crawl.
6. The claimant is capable of performing past relevant work
as a store manager. This work does not require the
performance of work-related activities precluded by the
claimant’s residual functional capacity (20 CFR
404.1565 and 416.965).
7. The claimant has not been under a disability, as defined
in the Social Security Act, from February 24, 2011, through
the date of this decision (20 CFR 404.1520(f) and
Id. at 100-05.
request for Appeals Council review was denied on March 8,
2018, leaving the ALJ’s decision as the final ...