United States District Court, E.D. California
PAUL S. COLLINS, Plaintiff,
ANDREW SAUL, Commissioner of Social Security, Defendant.
F. BRENNAN, UNITED STATES MAGISTRATE JUDGE
seeks judicial review of a final decision of the Commissioner
of Social Security (“Commissioner”) denying his
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 & 13. 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
filed applications for a period of disability, DIB, and SSI,
alleging that he had been disabled since January 31, 2012.
Administrative Record (“AR”) 195-228.
Plaintiff’s applications were denied initially and upon
reconsideration. Id. at 111-120, 125-137. A hearing
was subsequently held before administrative law judge
(“ALJ”) Mark Triplett. Id. at 41-69.
was represented by counsel at the hearing, at which he and a
vocational expert testified. Id.
November 28, 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 22-32. The ALJ made the
following specific findings:
1. The claimant has not engaged in substantial gainful
activity since April 30, 2015, the amended alleged onset
* * *
2. The claimant has the following severe impairments:
degenerative disc disease and chronic obstructive pulmonary
* * *
3. 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,
* * *
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work with the following
additional limitations. He can occasionally climb ramps and
stairs, and he can never climb ladders, ropes, or scaffolds.
He cannot tolerate noise levels above moderate as defined in
Appendix D, Selected Characteristics of Occupations (1993
Edition). He can tolerate occasional exposure to extreme
heat. He can tolerate no exposure to fumes, odors, dust,
gases, or poor ventilation. He can tolerate no exposure to
workplace hazards, such as unprotected heights and exposed
* * *
5. The claimant has no past relevant work.
6. The claimant was born on [in] 1965 and was 50 years old,
which is defined as an individual closely approaching
advanced age, on ...