Washington v. Office of Disability Adjudication and Review et al

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/02/17 ORDERING that plaintiff's 23 26 Motions for Summary Judgment are DENIED; Judgment is entered for the Commissioner. CASE CLOSED (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MELISSA WASHINGTON,

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No. 2:16-cv-0925 CKD PS

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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The administrative transcript in this action was filed August 22, 2016. Under the

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scheduling order filed May 5, 2016, plaintiff was directed to file a motion for summary judgment

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and/or remand within 45 days of being served with a copy of the administrative record. Because

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plaintiff did not timely file a motion for summary judgment, plaintiff was ordered to show cause

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why the action should not be dismissed. Plaintiff responded to the order to show cause and

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plaintiff was granted an extension of time to file her motion. Plaintiff was advised in an order

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dated December 1, 2016 that it was incumbent on plaintiff to set forth what errors she believes

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were committed by the Administrative Law Judge in reaching the determination of nondisability.

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Plaintiff thereafter filed an inadequate motion for summary judgment. Plaintiff was again

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cautioned that generic statements to the effect that the Administrative Law Judge did not take into

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consideration plaintiff’s prior work history and current medical condition were insufficient to
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bear her burden on a motion for summary judgment. Plaintiff has again filed a motion for

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summary judgment which sets forth no more than unsupported contentions that plaintiff’s “case

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has not been properly observed concerning [plaintiff’s] previous and current medical conditions

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and the state of [plaintiff’s] well being.” ECF No. 26 at p. 1.
Despite plaintiff’s failure to comply with the court’s order regarding proper briefing on a

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motion for summary judgment, the court has reviewed the decision of the Administrative Law

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Judge (“ALJ”) at issue. In a decision dated April 11, 2014, the ALJ determined that plaintiff was

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not disabled. Administrative Transcript (“AT”) 38. The ALJ found that while plaintiff has severe

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impairments of diabetes mellitus, hypertension, and history of acute pancreatitis, plaintiff could

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perform light work except occasionally performing postural activities but no climbing

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ladders/ropes/scaffold and avoiding concentrated exposure to extreme cold and heat, vibration,

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pulmonary irritants, and hazards. AT 27. Relying on the testimony of a vocational expert, the

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ALJ found that plaintiff, who was age 38 at the time of the decision, was capable of making a

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successful adjustment to other work that exists in significant numbers in the national economy.

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AT 37.

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The court reviews the Commissioner’s decision to determine whether (1) it is based on

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proper legal standards pursuant to 42 U.S.C. § 405(g), and (2) substantial evidence in the record

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as a whole supports it. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999). Substantial

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evidence is more than a mere scintilla, but less than a preponderance. Connett v. Barnhart, 340

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F.3d 871, 873 (9th Cir. 2003) (citation omitted). It means “such relevant evidence as a reasonable

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mind might accept as adequate to support a conclusion.” Orn v. Astrue, 495 F.3d 625, 630 (9th

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Cir. 2007), quoting Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005). “The ALJ is

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responsible for determining credibility, resolving conflicts in medical testimony, and resolving

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ambiguities.” Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir. 2001) (citations omitted).

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“The court will uphold the ALJ’s conclusion when the evidence is susceptible to more than one

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rational interpretation.” Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008).

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The record as a whole must be considered, Howard v. Heckler, 782 F.2d 1484, 1487 (9th
Cir. 1986), and both the evidence that supports and the evidence that detracts from the ALJ’s
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conclusion weighed. See Jones v. Heckler, 760 F.2d 993, 995 (9th Cir. 1985). The court may not

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affirm the ALJ’s decision simply by isolating a specific quantum of supporting evidence. Id.; see

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also Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir. 1989). If substantial evidence supports the

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administrative findings, or if there is conflicting evidence supporting a finding of either disability

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or nondisability, the finding of the ALJ is conclusive, see Sprague v. Bowen, 812 F.2d 1226,

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1229-30 (9th Cir. 1987), and may be set aside only if an improper legal standard was applied in

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weighing the evidence. See Burkhart v. Bowen, 856 F.2d 1335, 1338 (9th Cir. 1988).

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In this case, plaintiff has assigned no specific error to the ALJ’s decision. The court has

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reviewed the ALJ’s decision, the testimony in the record, and the medical evidence and finds no

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error in the ALJ’s decision. In particular, the court finds that the assessment of the state agency

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physicians, the physical and mental consultative examiners, the functional reports, and the

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medical record as a whole, fully support the ALJ’s determination of plaintiff’s residual functional

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capacity. The new evidence submitted by plaintiff, the report of an office visit on January 12,

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2017, does not undermine the ALJ’s determination because it is not material, in that the additional

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record post-dates the relevant time period by almost three years. See Booz v. Secretary of Health

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and Human Services, 734 F.2d 1378, 1380-81 (9th Cir. 1984). Because the ALJ’s decision is

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supported by substantial evidence, plaintiff’s motion for summary judgment must be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions for summary judgment (ECF No. 23, 26) are denied; and

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2. Judgment is entered for the Commissioner.

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Dated: February 2, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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