Elsas v. Astrue

Filing 22

ORDER, affirming the decision of the Commissioner denying benefits. Signed by Senior Judge Frederick J Martone on 3/4/14. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Carolyn W. Colvin, Commissioner of)
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Social Security,
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Defendant.
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Victoria Elsas,

No. CV-12-02390-PHX-FJM
ORDER

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This is an action for judicial review of a denial of disability insurance benefits and

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supplemental security income under the Social Security Act, 42 U.S.C. §§ 405(g) and

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1383(c). The court has before it plaintiff’s opening brief (doc. 13), defendant’s response

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(doc. 20), and plaintiff’s reply (doc. 21).

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The plaintiff argues that the administrative law judge (ALJ) failed to properly weigh

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medical source opinion evidence, improperly discounted plaintiff’s subjective complaints,

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and erred in applying the Medical-Vocational Guidelines.

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We have reviewed the record and conclude that substantial evidence supports the

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ALJ’s findings that plaintiff retains the residual functional capacity to perform a limited

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range of sedentary work. We also conclude that the ALJ gave sufficiently specific and

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legitimate reasons for discounting the opinions of plaintiff’s treating physicians and

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discounting the severity of plaintiff’s subjective complaints, based on contradicting medical

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opinions, objective medical evidence, and plaintiff’s daily activities. Finally, the ALJ did

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not err in using the Medical Vocational Guidelines as a framework for considering the effect

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of plaintiff’s nonexertional limitations.

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nonexertional limitations would have little or no effect on the occupational base of unskilled

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sedentary work is substantially supported by the record.

The ALJ’s determination that plaintiff’s

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Accordingly,

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IT IS ORDERED AFFIRMING the decision of the Commissioner denying benefits.

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DATED this 4th day of March, 2014.

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