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
application for Supplemental Security Income
(“SSI”) under XVI of the Social Security Act. The
parties have filed cross-motions for summary judgment. ECF
Nos. 16 & 17. For the reasons discussed below,
plaintiff’s motion is granted, the Commissioner’s
motion is denied, and the matter is remanded for further
filed an application for SSI, alleging that she had been
disabled since November 1, 2000. Administrative Record
(“AR”) at 206-27. Her application was denied
initially and upon reconsideration. Id. at 105-10,
114-19. Thereafter, a hearing was held before administrative
law judge (“ALJ”) Timothy S. Snelling.
Id. at 50-82. Plaintiff was represented by counsel
at the hearing, at which she testified. Id.
27, 2016, the ALJ issued a decision finding that plaintiff
was not disabled under section 1614(a)(3)(A) of the
Id. at 39-45. The ALJ made the following specific
1. The claimant has not engaged in substantial gainful
activity since September 20, 2013, the application date (20
CFR 416.971 et seq.).
2. The claimant has the following medically severe
combinations of impairments: hypertension, diabetes mellitus,
hypothyroidism, placement of a spinal shunt, chronic liver
disease, a history of polysubstance abuse and alcohol abuse,
internal derangement right shoulder, and cervical spine
stenosis and spondylosis (20 CFR 416.920(c)).
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,
Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to lift and carry 20 pounds occasionally,
10 pounds frequently, sit 6 hours and stand and walk 6 hours
in an 8-hour workday. She can occasionally climb ramps and
stairs, stoop, crouch, kneel, and crawl, but the claimant
cannot climb ladders, ropes, or scaffolds. In addition, she
can perform no more than frequent reaching in all directions
overhead with the right upper extremity, and the claimant
must avoid concentrated exposure to temperature extremes,
vibration, and hazards such as “dangerous and
unprotected” moving machinery, heights and bodies of
water, etc. (20 CFR 416 416.967(b)).
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born [in] 1969 and was 43 years old,
which is defined as a younger individual age 18-49, on the
date the application was filed (20 CFR 416.963).
7. The claimant has a limited education and is able to
communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue because the
claimant does not have past relevant work (20 CFR 416.968).
9. Considering the claimant’s age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant number in the national economy that