Kathy G. v. Saul

          MEMORANDUM OPINION

          HONORABLE JACQUELINE CHOOLJIAN, UNITED STATES MAGISTRATE JUDGE.

         I. SUMMARY

         On November 27, 2018, plaintiff Kathy G. filed a Complaint seeking review of the Commissioner of Social Security's denial of plaintiff's application for benefits. The parties have consented to proceed before the undersigned United States Magistrate Judge.

         This matter is before the Court on the parties' cross motions for summary judgment, respectively (“Plaintiff's Motion”) and (“Defendant's Motion”) (collectively “Motions”). The Court has taken the Motions under submission without oral argument. See Fed.R.Civ.P. 78; L.R. 7-15; November 28, 2018 Case Management Order ¶ 5.

         Based on the record as a whole and the applicable law, the decision of the Commissioner is AFFIRMED. The findings of the Administrative Law Judge (“ALJ”) are supported by substantial evidence and are free from material error.

         II. BACKGROUND AND SUMMARY OF ADMINISTRATIVE DECISION

         On November 20, 2014, plaintiff filed an application for Disability Insurance Benefits, alleging disability beginning on May 9, 2014 due to a herniated disc in her neck at ¶ 5-7; a pinched nerve in her neck; narrowing of the spine; constant numbness and pain in her left arm; occasional numbness and pain in her chest, right arm and left shoulder blade; headaches; vertigo; and anxiety. (Administrative Record (“AR”) 230, 247). The ALJ examined the medical record and heard testimony from plaintiff (who was represented by counsel) and a vocational expert. (AR 106-29).

         On August 23, 2017, the ALJ determined that plaintiff was not disabled through the date of the decision. (AR 81-100). Specifically, the ALJ found: (1) plaintiff suffered from the following severe impairments: right shoulder tear and tendinosis; left shoulder tear and tendinosis; cervical spine degenerative disc disease; lumbar spine degenerative disc disease; and left elbow epicondylitis (AR 83); (2) plaintiff's impairments, considered individually or in combination, did not meet or medically equal a listed impairment (AR 87); (3) plaintiff retained the residual functional capacity to perform light work (20 C.F.R. § 404.1567(b)) with additional limitations^[3] (AR 87-88); (4) plaintiff could not perform any past relevant work (AR 98-99); (5) there are jobs that exist in significant numbers in the national economy that plaintiff could perform, specifically Receptionist and Appointment Clerk (AR 99-100); and (6) plaintiff's statements regarding the intensity, persistence, and limiting effects of her subjective symptoms were not entirely consistent with the medical evidence and other evidence in the record (AR 90-91).

         On October 17, 2018, the Appeals Council denied plaintiff's application for review.^[4] (AR 1-7).

         III. APPLICABLE LEGAL STANDARDS

         A. Administrative Evaluation of Disability Claims

         To qualify for disability benefits, a claimant must show that she is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012) (quoting 42 U.S.C. § 423(d)(1)(A)) (internal quotation marks omitted); 20 C.F.R. § 404.1505(a). To be considered disabled, a claimant must have an impairment of such severity that she is incapable of performing work the claimant previously performed (“past relevant work”) as well as any other “work which exists in the national economy.” Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999) (citing 42 U.S.C. § 423(d)).

         To assess whether a claimant is disabled, an ALJ is required to use the five-step sequential evaluation process set forth in Social Security regulations. See Stout v. Commissioner, Social Security Administration, 454 F.3d 1050, 1052 (9th Cir. 2006) (describing five-step sequential evaluation process) (citing 20 C.F.R. § 404.1520). The claimant has the burden of proof at steps one through four - i.e., determination of whether the claimant was engaging in substantial gainful activity (step 1), has a sufficiently severe impairment (step 2), has an impairment or combination of impairments that meets or medically equals one of the conditions listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (“Listings”) (step 3), and retains the residual functional capacity to perform past relevant work (step 4). Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005) (citation omitted). The Commissioner has the burden of proof at step five - i.e., establishing that the claimant could perform other work in the national economy. Id.

         B. Federal Court Review of Social Security ...