Jeffrey Fox v. Carolyn W. Colvin
Filing
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MEMORANDUM DECISION AND ORDER AFFIRMING COMMISSIONER by Magistrate Judge Jean P. Rosenbluth. IT IS ORDERED that judgment be entered AFFIRMING the Commissioner's decision, DENYING Plaintiff's request for remand, and DISMISSING this action with prejudice. (See Order for details) (bem)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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JEFFREY FOX,
Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
Commissioner of Social
Security,
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Defendant.
) Case No. CV 16-4738-JPR
)
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) MEMORANDUM DECISION AND ORDER
) AFFIRMING COMMISSIONER
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I.
PROCEEDINGS
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Plaintiff seeks review of the Commissioner’s final decision
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denying his application for Social Security disability insurance
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benefits (“DIB”).
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the undersigned U.S. Magistrate Judge under 28 U.S.C. § 636(c).
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The matter is before the Court on the parties’ Joint Stipulation,
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filed May 2, 2017, which the Court has taken under submission
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without oral argument.
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Commissioner’s decision is affirmed.
The parties consented to the jurisdiction of
For the reasons stated below, the
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II.
BACKGROUND
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Plaintiff was born in 1951.
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122.)
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(Administrative Record (“AR”)
agent (AR 33).
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He obtained a GED (AR 141) and worked as a real estate
On March 6, 2013, Plaintiff filed an application for DIB,
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alleging that he had been unable to work since March 1, 2007,
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because of post-traumatic-stress disorder, bipolar disorder,
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depression, hearing loss, arthritis, sleep apnea, hypothyroid,
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and degenerative disc disease.
(AR 60, 122-29.)
After his
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application was denied (AR 60-69), he requested a hearing before
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an Administrative Law Judge (AR 75-76).
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December 3, 2015, at which Plaintiff, who was represented by
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counsel, testified, as did a vocational expert.
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a written decision issued March 9, 2016, the ALJ found that
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Plaintiff was not disabled at any time between October 1, 2007,
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his date first insured, and December 31, 2008, his date last
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insured.
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Appeals Council, and on April 29, 2016, it denied review.
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4.)
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III. STANDARD OF REVIEW
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(AR 11-28.)
A hearing was held on
(AR 29-59.)
In
Plaintiff requested review from the
(AR 1-
This action followed.
Under 42 U.S.C. § 405(g), a district court may review the
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Commissioner’s decision to deny benefits.
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decision should be upheld if they are free of legal error and
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supported by substantial evidence based on the record as a whole.
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See id.; Richardson v. Perales, 402 U.S. 389, 401 (1971); Parra
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v. Astrue, 481 F.3d 742, 746 (9th Cir. 2007).
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evidence means such evidence as a reasonable person might accept
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as adequate to support a conclusion.
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The ALJ’s findings and
Substantial
Richardson, 402 U.S. at
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401; Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir. 2007).
2
It is more than a scintilla but less than a preponderance.
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Lingenfelter, 504 F.3d at 1035 (citing Robbins v. Soc. Sec.
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Admin., 466 F.3d 880, 882 (9th Cir. 2006)).
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substantial evidence supports a finding, the reviewing court
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“must review the administrative record as a whole, weighing both
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the evidence that supports and the evidence that detracts from
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the Commissioner’s conclusion.”
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720 (9th Cir. 1996).
To determine whether
Reddick v. Chater, 157 F.3d 715,
“If the evidence can reasonably support
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either affirming or reversing,” the reviewing court “may not
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substitute its judgment” for the Commissioner’s.
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IV.
Id. at 720-21.
THE EVALUATION OF DISABILITY
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People are “disabled” for purposes of receiving Social
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Security benefits if they are unable to engage in any substantial
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gainful activity owing to a physical or mental impairment that is
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expected to result in death or has lasted, or is expected to
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last, for a continuous period of at least 12 months.
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§ 423(d)(1)(A); Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir.
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1992).
42 U.S.C.
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A.
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The ALJ follows a five-step sequential evaluation process to
The Five-Step Evaluation Process
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assess whether a claimant is disabled.
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§ 404.1520(a)(4); Lester v. Chater, 81 F.3d 821, 828 n.5 (9th
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Cir. 1996) (as amended).
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must determine whether the claimant is currently engaged in
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substantial gainful activity; if so, the claimant is not disabled
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and the claim must be denied.
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20 C.F.R.
In the first step, the Commissioner
§ 404.1520(a)(4)(i).
If the claimant is not engaged in substantial gainful
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1
activity, the second step requires the Commissioner to determine
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whether the claimant has a “severe” impairment or combination of
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impairments significantly limiting his ability to do basic work
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activities; if not, the claimant is not disabled and his claim
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must be denied.
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§ 404.1520(a)(4)(ii).
If the claimant has a “severe” impairment or combination of
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impairments, the third step requires the Commissioner to
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determine whether the impairment or combination of impairments
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meets or equals an impairment in the Listing of Impairments set
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forth at 20 C.F.R. part 404, subpart P, appendix 1; if so,
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disability is conclusively presumed.
§ 404.1520(a)(4)(iii).
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If the claimant’s impairment or combination of impairments
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does not meet or equal an impairment in the Listing, the fourth
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step requires the Commissioner to determine whether the claimant
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has sufficient residual functional capacity (“RFC”)1 to perform
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his past work; if so, he is not disabled and the claim must be
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denied.
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proving he is unable to perform past relevant work.
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F.2d at 1257.
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case of disability is established.
§ 404.1520(a)(4)(iv).
The claimant has the burden of
Drouin, 966
If the claimant meets that burden, a prima facie
Id.
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If that happens or if the claimant has no past relevant
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work, the Commissioner then bears the burden of establishing that
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the claimant is not disabled because he can perform other
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substantial gainful work available in the national economy.
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§ 404.1520(a)(4)(v); Drouin, 966 F.2d at 1257.
That
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RFC is what a claimant can do despite existing exertional
and nonexertional limitations. § 404.1545; see Cooper v.
Sullivan, 880 F.2d 1152, 1155 n.5 (9th Cir. 1989).
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determination comprises the fifth and final step in the
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sequential analysis.
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n.5; Drouin, 966 F.2d at 1257.
§ 404.1520(a)(4)(v); Lester, 81 F.3d at 828
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B.
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At step one, the ALJ cited “conflicting evidence” and made
The ALJ’s Application of the Five-Step Process
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no finding about whether Plaintiff had engaged in substantial
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gainful activity from October 1, 2007, his date first insured,
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through December 31, 2008, his date last insured, proceeding
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instead to the next step of the sequential analysis.2
(AR 16.)
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At step two, she concluded that during the relevant time period
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Plaintiff had the severe impairments of bipolar disorder,
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depression, PTSD, “degenerative disc disease of the cervical
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spine,” and rheumatoid arthritis.3
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determined that Plaintiff’s impairments did not meet or equal a
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listing.
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(AR 17.)
At step three, she
(Id.)
At step four, the ALJ found that through his date last
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insured, Plaintiff had the RFC to perform modified medium work:
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he could “sit[], stand[] and/or walk[] up to 6 hours in an 8-hour
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workday,” with “no climbing of ladders, ropes, or scaffolds[,] no
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work around hazards[,] [and] occasional stooping, crouching,
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crawling and climbing ramps and stairs”; he was “limited to
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simple, routine work and occasional public contact.”
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Based on the VE’s testimony, the ALJ concluded that during the
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relevant period Plaintiff could not have performed his past work
(AR 18.)
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The ALJ noted that some Veterans Administration records
indicate Plaintiff was employed full time during the relevant
period. (AR 16.)
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Plaintiff does not challenge the ALJ’s finding that his
other alleged impairments were not severe.
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as a real estate broker.
(AR 22.)
At step five, she relied on
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the VE’s testimony to find that given Plaintiff’s age, education,
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work experience, and RFC for medium work “impeded by additional
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limitations,” he could have performed three medium, unskilled
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“representative occupations” in the national economy: “dietary
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aide,” DOT 319.677-014, 1991 WL 672771,4 (2) “laundry worker I,”
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DOT 361.684-014, 1991 WL 672983, and (3) “hand packager,” DOT
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920.587-018, 1991 WL 687916.
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that the VE’s testimony was consistent with the DOT.
(AR 22-23.)
The ALJ determined
(AR 23.)
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Accordingly, she found that Plaintiff was not disabled during the
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relevant time period.
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V.
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(Id.)
DISCUSSION
Plaintiff argues that the ALJ erred in considering the
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medical evidence and determining his RFC.
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11-12.)
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into his RFC portions of the opinion of state-agency psychologist
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Eric Oritt even though she gave his opinion “significant
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weight.”5
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below, remand is not warranted.
(See J. Stip. at 4-7,
Specifically, he contends that she failed to incorporate
(Id. at 4-6; see AR 21.)
For the reasons discussed
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A.
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A claimant’s RFC is “the most [he] can still do” despite his
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Applicable Law
impairments and related symptoms, which “may cause physical and
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The occupation as listed in the Dictionary of
Occupational Titles is “food-service worker, hospital”; “dietary
aide” is an alternative title. See DOT 319.677-014, 1991 WL
672771.
5
Dr. Oritt’s signature line includes a medical-consultant
code of “38,” indicating “[p]sychology” (AR 67); see Program
Operations Manual System (POMS) DI 24501.004, U.S. Soc. Sec.
Admin. (May 5, 2015), https://secure.ssa.gov/poms.nsf/lnx/
0424501004.
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mental limitations that affect what [he] can do in a work
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setting.”
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ALJ’s RFC assessment when the ALJ has applied the proper legal
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standard and substantial evidence in the record as a whole
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supports the decision.
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(9th Cir. 2005).
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“together with the rest of the relevant evidence [on record].”
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§ 404.1527(b);6 see also § 404.1545(a)(1) (“We will assess your
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residual functional capacity based on all the relevant evidence
10
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§ 404.1545(a)(1).
A district court must uphold an
Bayliss v. Barnhart, 427 F.3d 1211, 1217
The ALJ must consider all the medical opinions
in your case record.”).
The ALJ considers findings by state-agency medical
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consultants and experts as opinion evidence.
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“[T]he findings of a nontreating, nonexamining physician can
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amount to substantial evidence, so long as other evidence in the
15
record supports those findings.”
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522 (9th Cir. 1996) (per curiam).
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words” to reject a physician’s opinion or a portion of it; the
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court may draw “specific and legitimate inferences” from the
§ 404.1527(e).
Saelee v. Chater, 94 F.3d 520,
An ALJ need not recite “magic
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Social Security regulations regarding the evaluation of
opinion evidence were amended effective March 27, 2017. When, as
here, the ALJ’s decision is the final decision of the
Commissioner, the reviewing court generally applies the law in
effect at the time of the ALJ’s decision. See Lowry v. Astrue,
474 F. App’x 801, 805 n.2 (2d Cir. 2012) (applying version of
regulation in effect at time of ALJ’s decision despite subsequent
amendment); Garrett ex rel. Moore v. Barnhart, 366 F.3d 643, 647
(8th Cir. 2004) (“We apply the rules that were in effect at the
time the Commissioner’s decision became final.”); Spencer v.
Colvin, No. 3:15-CV-05925-DWC, 2016 WL 7046848, at *9 n.4 (W.D.
Wash. Dec. 1, 2016) (“42 U.S.C. § 405 does not contain any
express authorization from Congress allowing the Commissioner to
engage in retroactive rulemaking”). Accordingly, citations to 20
C.F.R. § 404.1527 are to the version in effect from August 24,
2012, to March 26, 2017.
7
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ALJ’s opinion.
Magallanes v. Bowen, 881 F.2d 747, 755 (9th Cir.
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1989).
3
record, the ALJ does not need to ‘discuss every piece of
4
evidence.’”
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1012 (9th Cir. 2003) (quoting Black v. Apfel, 143 F.3d 383, 386
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(8th Cir. 1998)).
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the context of “the entire record as a whole,” and if the
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“‘evidence is susceptible to more than one rational
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interpretation,’ the ALJ’s decision should be upheld.”
“[I]n interpreting the evidence and developing the
Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006,
The Court must consider the ALJ’s decision in
Ryan v.
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Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir. 2008)
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(citation omitted).
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B.
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On March 13, 2014, Dr. Oritt completed the mental portion of
Relevant Background
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the disability determination for Plaintiff’s DIB claim.
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67.)
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Plaintiff had a “mild” restriction in activities of daily living
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and “moderate” difficulties in maintaining social functioning and
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concentration, persistence, or pace.
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or [t]wo” episodes of decompensation, each of extended duration.
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(Id.)
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(AR 64-
After reviewing the medical evidence, Dr. Oritt found that
(AR 65.)
Dr. Oritt assessed Plaintiff’s mental RFC.
He had had “[o]ne
(AR 65-67.)
He
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opined that Plaintiff had no limitations in the area of
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understanding and memory.
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limitations in maintaining attention and concentration for
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extended periods; performing activities within a schedule,
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maintaining regular attendance, and being punctual within
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customary tolerances; working in coordination with or in
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proximity to others without being distracted by them; completing
(AR 66.)
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He had “moderate”
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a normal workday and workweek without interruptions from
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psychologically based symptoms; and performing at a consistent
3
pace without an unreasonable number and length of rest periods.
4
(Id.)
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limitations in carrying out short and simple, or detailed,
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instructions; sustaining an ordinary routine without special
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supervision; or making simple work-related decisions.
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When asked to explain Plaintiff’s “sustained concentration and
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persistence capacities and/or limitations,” Dr. Oritt opined that
Dr. Oritt found that Plaintiff had no significant
(Id.)
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“[a] more flexible and low demand work environment would be
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preferable but not required.”
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would require only “[o]rdinary supervision.”
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(Id.)
He noted that Plaintiff
(Id.)
In the area of social interaction, Dr. Oritt opined that
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Plaintiff had “moderate” limitations in interacting appropriately
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with the general public, accepting instructions and responding
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appropriately to criticism from supervisors, maintaining socially
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appropriate behavior, and adhering to basic standards of neatness
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and cleanliness; he had no significant limitations in his ability
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to ask simple questions, request assistance, or get along with
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coworkers or peers without distracting them or exhibiting
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behavioral extremes.
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Plaintiff’s “social interaction capacities and/or limitations,”
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Dr. Oritt opined that he “would do best in a job not requiring
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customer service, contact with [the] public, [or] demanding
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social interaction.”
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cooperate with co-workers.”
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28
(AR 66-67.)
(AR 67.)
When asked to explain
He would, however, “be able to
(Id.)
In the area of adaptation, Dr. Oritt opined that Plaintiff
had “moderate” limitations in responding appropriately to changes
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1
in the work setting, setting realistic goals, and making plans
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independently of others; he had no significant limitations in his
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ability to be aware of normal hazards and take appropriate
4
precautions, travel in unfamiliar places, or use public
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transportation.
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“adaptation capacities and/or limitations,” Dr. Oritt opined that
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he “would function best in a workplace setting with defined
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workplace tasks,” where he would “not be required to develop
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independent workplace goals.”
(Id.)
When asked to explain Plaintiff’s
(Id.)7
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C.
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The ALJ limited Plaintiff to “simple, routine work and
Analysis
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occasional public contact.”
13
RFC, she gave “significant weight” to Dr. Oritt’s opinion,
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finding that it was “both consistent with and supported by the
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substantial medical evidence of record and [Plaintiff]’s
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allegations and presentation at the hearing.”
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1A).)
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“significant weight” to the opinion; instead, he argues that the
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ALJ erred because portions of his RFC “differ[] from Dr. Oritt’s
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opinion and there is no explanation for the deviation.”8
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Stip. at 6.)
(AR 18.)
In assessing Plaintiff’s
(AR 21 (citing Ex.
Plaintiff does not contend that the ALJ erred in giving
(See J.
Specifically, Plaintiff contends that the ALJ
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25
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27
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It is not entirely clear that Dr. Oritt’s 2014 findings
related to the relevant period. Although he indicated that his
mental-RFC evaluation was for “Date Last Insured: 12/31/2008” (AR
65), the medical records he reviewed were recent and his findings
were all made in the present tense (see AR 66-67). Because
neither party contends otherwise, the Court assumes that Dr.
Oritt’s evaluation was for the relevant period.
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Plaintiff does not challenge the ALJ’s physical-RFC
assessment, credibility findings, or indeed any other portion of
her decision.
10
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failed to incorporate Dr. Oritt’s alleged findings that he “could
2
not work with the public” or in a “service occupation” and “would
3
need defined tasks” and “preferable [sic] low stress.”
4
7.)
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Plaintiff misstates Dr. Oritt’s opinion.
(Id. at
Dr. Oritt did not
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opine that Plaintiff “could not work with the public”; he stated
7
that he was “[m]oderately limited” in his ability to “interact
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appropriately” in that area (AR 66) and “would do best” in a job
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“not requiring . . . contact with the public” (AR 67).
Dr. Oritt
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did not opine that Plaintiff could not work in a “service
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occupation”; rather, he found that he “would do best” in a
12
position “not requiring customer service.”
13
limit Plaintiff to only “defined tasks”; he noted that he “would
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function best” in a setting with “defined workplace tasks.”
15
(Id.)
16
rather, he noted that “[a] more flexible and low demand work
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environment would be preferable but not required.”
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Oritt stated preferences, not requirements, for work that would
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accommodate Plaintiff’s limitations.
20
those recommendations was reasonable; she was not required to
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address every word of Dr. Oritt’s opinion, as Plaintiff
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suggests.9
(Id.)
He did not
And he did not limit Plaintiff to “low stress” work;
(AR 66.)
Dr.
The ALJ’s interpretation of
See Ryan, 528 F.3d at 1198; Howard, 341 F.3d at 1012.
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27
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Notably, the ALJ specifically rejected those portions of
the opinion of Plaintiff’s treating doctor, Dr. Douglas Sears,
that assessed greater limitations than those found by Dr. Oritt
(see AR 21-22), including his opinion that Plaintiff could not
work with the public or in situations of high stress (AR 266-78).
Plaintiff does not challenge the weight the ALJ gave to Dr.
Sears’s opinions nor point to any other medical-opinion evidence
that contradicts his RFC.
11
1
Further, as Defendant points out, Plaintiff’s RFC is “fully
2
consistent” with the actual limitations Dr. Oritt imposed.
(J.
3
Stip. at 8.)
4
and occasional public contact.”
5
Plaintiff had moderate limitations in his ability to “perform at
6
a consistent pace without an unreasonable number and length of
7
rest periods” and in concentration and persistence, but he found
8
no limitations in his ability to carry out short and simple, or
9
detailed, instructions, make simple work-related decisions, or
The ALJ limited Plaintiff to “simple, routine work
(AR 18.)
Dr. Oritt opined that
10
sustain an ordinary routine without special supervision.
(AR
11
66.)
12
ordinary supervision and cooperate with coworkers, but that he
13
“would function best” with “defined workplace tasks” and no
14
requirement that he “develop independent workplace goals.”
15
66-67.)
16
work environment” was preferable but not required (AR 66), and
17
that Plaintiff “would do best” without public contact or
18
“demanding social interaction” (AR 67).
19
properly translated by the ALJ into a restriction to “simple,
20
routine work” with only “occasional public contact.”
21
Danielson v. Astrue, 539 F.3d 1169, 1173-74 (9th Cir. 2008)
22
(finding that ALJ’s limitation to “simple, routine, repetitive”
23
work sufficiently accommodated medical-opinion evidence that
24
claimant had “moderate” limitation in pace and “other mental
25
limitations regarding attention, concentration, and adaption”);
26
Hughes v. Colvin, 599 F. App’x 765, 766 (9th Cir. 2015) (ALJ’s
27
RFC assessment accounted for moderate difficulties in social
28
functioning, concentration, and persistence by restricting
He found that Plaintiff had the capacity to work under
(AR
Dr. Oritt opined that “[a] more flexible and low demand
12
Those limitations were
See Stubbs-
1
claimant to simple, routine, repetitive tasks in job where she
2
could work independently, with no more than occasional public
3
interaction); Rodriquez v. Colvin, No. 1:13-CV-01716-SKO, 2015 WL
4
1237302, at *6 (E.D. Cal. Mar. 17, 2015) (“a moderate limitation
5
in the ability to complete a workday or workweek without
6
interruption is consistent with and properly captured by a
7
limitation to simple repetitive tasks”); McLain v. Astrue, No.
8
SACV 10-1108 JC, 2011 WL 2174895, at *6 (C.D. Cal. June 3, 2011)
9
(“[m]oderate mental functional limitations . . . are not per se
10
disabling, nor do they preclude the performance of jobs that
11
involve simple, repetitive tasks” (citations omitted)).
12
Even assuming the ALJ erred in failing to include in
13
Plaintiff’s RFC a prohibition on public contact or a specific
14
requirement of “low stress” and “defined tasks” (J. Stip. at 7),
15
any error was harmless.
16
Plaintiff’s RFC could perform three representative occupations:
17
dietary aide, DOT 319.677-014, 1991 WL 672771, laundry worker,
18
DOT 361.684-014, 1991 WL 672983, and hand packager, DOT 920.587-
19
018, 1991 WL 687916.
20
13,828 laundry-worker jobs and 43,123 hand-packager jobs were
21
available nationally.
22
are consistent with Plaintiff’s alleged additional limitations.10
23
(J. Stip. at 9.)
24
The VE testified that a person with
(AR 54.)
(Id.)
The VE further testified that
As Defendant argues, those two jobs
A laundry worker “[w]ashes and irons . . . linens and
25
26
10
27
28
Defendant appears to concede that the dietary-aide job
would involve some level of public contact. (See J. Stip. at 9
(arguing harmless error for only laundry-worker and hand-packager
jobs)); see also DOT 319.677-014, 1991 WL 672771.
13
1
clothes used by employees . . . or washes uniforms, aprons, and
2
towels in establishments supplying employees with these linens,”
3
“[u]s[ing] equipment usually found in household or in small
4
laundry.”
5
“[p]ackages materials and products manually” and variously
6
“[c]leans packaging containers,” “[l]ines and pads crates and
7
assembles cartons,” “[o]btains and sorts product,” “[w]raps
8
protective material around product,” “[s]tarts, stops, and
9
regulates speed of conveyor,” “[i]nserts or pours product into
10
containers or fills containers from spout or chute,” “[w]eighs
11
containers and adjusts quantity,” “[n]ails, glues, or closes and
12
seals containers,” “[l]abels containers, container tags, or
13
products,” “[s]orts bundles or filled containers,” “[p]acks
14
special arrangements or selections of product,” “[i]nspects
15
materials, products, and containers at each step of packaging
16
process,” and “[r]ecords information, such as weight, time, and
17
date packaged.”
18
DOT 361.684-014, 1991 WL 672983.
A hand packager
DOT 920.587-018, 1991 WL 687916.
Both jobs have a list of defined tasks and do not appear to
19
involve any public contact or obviously stressful work.
Indeed,
20
neither could reasonably be described as a “customer service”
21
occupation; both require the lowest level of public interaction
22
and list “talking” as “not present.”
23
WL 672983; DOT 920.587-018, 1991 WL 687916; DOT app. B -
24
Explanation of Data, People, and Things, 1991 WL 688701.
25
error was thus harmless.
26
454 F.3d 1050, 1055 (9th Cir. 2006) (nonprejudicial or irrelevant
27
mistakes are harmless); Gallo v. Comm’r of Soc. Sec. Admin., 449
28
F. App’x 648, 650 (9th Cir. 2011) (“Because the ALJ satisfied his
See DOT 361.684-014, 1991
Any
See Stout v. Comm’r, Soc. Sec. Admin.,
14
1
burden at Step 5 by relying on the VE’s testimony about the
2
Addresser job, any error that the ALJ may have committed by
3
relying on the testimony about the ‘credit checker’ job was
4
harmless” (citing Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d
5
1155, 1162 (9th Cir. 2008)); see also Tommasetti v. Astrue, 533
6
F.3d 1035, 1043-44 (9th Cir. 2008) (holding that VE’s testimony
7
describing single occupation for which significant number of jobs
8
existed sufficed).
9
the hand-packager and laundry-worker jobs is a significant
Some 57,000 jobs available nationally between
10
number.
11
29 (9th Cir. 2014) (holding that 25,000 nationally available jobs
12
presented “close call” but nonetheless sufficed as “work which
13
exists in significant numbers”).
14
VI.
15
See Gutierrez v. Comm’r of Soc. Sec., 740 F.3d 519, 528-
CONCLUSION
Consistent with the foregoing and under sentence four of 42
16
U.S.C. § 405(g),11 IT IS ORDERED that judgment be entered
17
AFFIRMING the Commissioner’s decision, DENYING Plaintiff’s
18
request for remand, and DISMISSING this action with prejudice.
19
20
DATED: July 27, 2017
21
______________________________
JEAN ROSENBLUTH
U.S. Magistrate Judge
22
23
24
25
26
27
28
11
That sentence provides: “The [district] court shall have
power to enter, upon the pleadings and transcript of the record,
a judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the
cause for a rehearing.”
15
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