Jon Wanbi Cook v. Michael J Astrue

Filing 18

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS by Judge Virginia A. Phillips for Report and Recommendation (Final) 15 , Notice of Report and Recommendation 16 (dam)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Pursuant to 28 U.S.C. § 636, the court has reviewed the entire file 15 de novo. On March 10, 2010, plaintiff untimely filed objections to the 16 magistrate judge's report and recommendation. (See Docket No. 16.) The 17 court does not consider untimely objections. See 28 U.S.C. 636(C); Fed. 18 R. Civ. P. 72(b)(2). 19 objections and finds that, even were they timely, they would not change 20 the result in this case. 21 Plaintiff essentially objects that the ALJ did not adequately take 22 into account his consistent work history, that he attempted to return to 23 work after having knee surgery, or plaintiff's testimony regarding his 24 limitations and current ability to work. 25 objections. 26 The ALJ specifically addressed plaintiff's work history and efforts 27 to work after his knee problems began, and considered his explanations 28 The record belies these The court has nonetheless reviewed petitioner's JON WAMBI COOK, UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) MICHAEL ASTRUE, ) COMMISSIONER, SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant ) ) NO. CV 09-5488-VAP(CT) ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

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why he is currently unable to perform his past work full time. (See Transcript of Administrative Record, ("TR"), at 12.) The ALJ credited plaintiff's allegation that he remains unable to perform two of his past jobs, as a Principal or an Insurance Sales agent, but found, based upon an extensive review of the medical record, plaintiff's own statements, and the testimony of the vocational expert, that plaintiff failed to establish that he is unable to perform his past relevant work of Educational Consultant and Director of Vocational Training and Dean of Students. See Clem v. Sullivan, 894 F.3d 328, 331 (9th Cir. 1990) (at

step four, plaintiff has the burden of showing that he could no longer perform his past relevant work). Indeed, as the ALJ noted, the fact

that plaintiff is unable to obtain work or employers will not hire him does not mean plaintiff is disabled under the Social Security Act. See

20 C.F.R. 404.1566(c). Furthermore, the ALJ set forth numerous, legally sufficient reasons for declining to credit plaintiff's subjective

statements regarding the debilitating effect of his impairments. Based upon a review of the record as a whole, the court agrees with the conclusions of the magistrate judge. 1. 2. 3. IT IS THEREFORE ORDERED:

The report and recommendation is accepted. Judgment shall be entered consistent with this order. The clerk shall serve this order and the judgment on all

counsel or parties of record. DATED: _March 18, 2010______ ____________________________ VIRGINIA A. PHILLIPS UNITED STATES DISTRICT JUDGE