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Leon v. Colvin

United States District Court, D. Arizona

December 18, 2014

Leopoldo N. Leon, Plaintiff,
v.
Carolyn W. Colvin, Defendant.

ORDER

DAVID G. CAMPBELL, District Judge.

Plaintiff Leopoldo Leon seeks review under 42 U.S.C. § 405(g) of the final decision of the Commissioner of Social Security, which denied disability insurance benefits under sections 216(i) and 223(d) of the Social Security Act. Because the decision of the Administrative Law Judge ("ALJ") is not supported by substantial evidence and is based on legal error, the Commissioner's decision is vacated and remanded.

I. Background.

Plaintiff was born on October 12, 1960. He has a sixth grade education and has previously worked as a landscaping foreman and laborer. Plaintiff filed applications for disability insurance benefits in October of 2009. These applications were denied on February 5, 2010. On September 27, 2010, Plaintiff applied again for a period of disability and disability insurance benefits, alleging disability beginning August 30, 2008. On June 11, 2012, he appeared with his attorney and testified at a hearing before the ALJ. A vocational expert also testified. On July 27, 2012, the ALJ issued a decision that Plaintiff was not disabled within the meaning of the Social Security Act. The Appeals Council denied Plaintiff's request for review of the hearing decision, making the ALJ's decision the Commissioner's final decision.

II. Legal Standard.

The district court reviews only those issues raised by the party challenging the ALJ's decision. See Lewis v. Apfel, 236 F.3d 503, 517 n.13 (9th Cir. 2001). The court may set aside the Commissioner's disability determination only if the determination is not supported by substantial evidence or is based on legal error. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007). Substantial evidence is more than a scintilla, less than a preponderance, and relevant evidence that a reasonable person might accept as adequate to support a conclusion considering the record as a whole. Id. In determining whether substantial evidence supports a decision, the court must consider the record as a whole and may not affirm simply by isolating a "specific quantum of supporting evidence." Id. As a general rule, "[w]here the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ's decision, the ALJ's conclusion must be upheld." Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002) (citations omitted).

III. The ALJ's Five-Step Evaluation Process.

To determine whether a claimant is disabled for purposes of the Social Security Act, the ALJ follows a five-step process. 20 C.F.R. § 404.1520(a). The claimant bears the burden of proof on the first four steps, but at step five the burden shifts to the Commissioner. Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999).

At the first step, the ALJ determines whether the claimant is engaging in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(i). If so, the claimant is not disabled and the inquiry ends. Id. At step two, the ALJ determines whether the claimant has a "severe" medically determinable physical or mental impairment. § 404.1520(a)(4)(ii). If not, the claimant is not disabled and the inquiry ends. Id. At step three, the ALJ considers whether the claimant's impairment or combination of impairments meets or medically equals an impairment listed in Appendix 1 to Subpart P of 20 C.F.R. Pt. 404. § 404.1520(a)(4)(iii). If so, the claimant is automatically found to be disabled. Id. If not, the ALJ proceeds to step four. At step four, the ALJ assesses the claimant's residual functional capacity ("RFC") and determines whether the claimant is still capable of performing past relevant work. § 404.1520(a)(4)(iv). If so, the claimant is not disabled and the inquiry ends. Id. If not, the ALJ proceeds to the fifth and final step, where he determines whether the claimant can perform any other work based on the claimant's RFC, age, education, and work experience. § 404.1520(a)(4)(v). If so, the claimant is not disabled. Id. If not, the claimant is disabled. Id.

At step one, the ALJ found that Plaintiff meets the insured status requirements of the Social Security Act through December 31, 2013, and that he has not engaged in substantial gainful activity since February 6, 2010, the date after the previous determination. At step two, the ALJ found that Plaintiff has the following severe impairments: degenerative joint disease of the bilateral knees; degenerative disc disease of the lumbar spine; diabetes with nephropathy; and hypertension. At step three, the ALJ determined that Plaintiff does not have an impairment or combination of impairments that meets or medically equals an impairment listed in Appendix 1 to Subpart P of 20 C.F.R. Pt. 404. At step four, the ALJ found that Plaintiff has the RFC to perform:

[L]ight work as defined in 20 CFR 404.1567(b) except he can occasionally climb ramps or stairs, never ladders, ropes or scaffolds. He can occasionally balance, stoop, kneel and crouch, but can never crawl. He must avoid concentrated exposure to vibrations and hazards, such as moving machinery and unprotected heights.

A.R. 20. The ALJ further found that Plaintiff is unable to perform any of his past relevant work. At step five, the ALJ concluded that, considering Plaintiff's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that Plaintiff could perform.

IV. Analysis.

Plaintiff argues that the ALJ's decision is defective for four reasons: (1) the ALJ erred in refusing to reopen his previous applications, (2) the ALJ improperly refused to subpoena an examining doctor, (3) the ALJ improperly evaluated third-party testimony, and (4) the ALJ improperly evaluated Plaintiff's credibility ...


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