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Taylor v. Colvin

United States District Court, Ninth Circuit

May 31, 2013

JEFFREY R. TAYLOR Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration[1], Defendant.

OPINION AND ORDER

JAMES A. REDDEN, District Judge.

Plaintiff Jeffrey R. Taylor ("Taylor") brings this action to obtain judicial review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his claim for disability insurance ("DIB") and Supplemental Security Income ("SSI") benefits. For the reasons set forth below, the decision of the Commissioner is affirmed and this matter is dismissed.

BACKGROUND

Taylor filed his applications for DIB and SSI on October 21, 2008, alleging disability since March 1, 2008, due to depression and anxiety disorder Tr. 97. Taylor was 52 years old on June 30, 2009, the date his insured status expired. His application was denied initially and upon reconsideration. A hearing was held in May 2009. Tr. 44-94. The Administrative Law Judge ("ALJ") found him not disabled. Taylor's request for review was denied, making the ALJ's decision the final decision of the Commissioner.

ALJ's DECISION

The ALJ found Taylor had the medically determinable severe impairments of degenerative disc disease, obesity, anxiety, and a mood disorder. Tr. 29.

The ALJ found that Taylor's impairments did not meet or medically equal one of the listed impairments in 20 C.P.R. Part 404, Subpart P, App. 1. Tr. 30.

The ALJ determined that Taylor retained the residual functional capacity ("RFC") to perform a range of medium work lifting 50 pounds occasionally and 25 pounds frequently, limited to simple, routine, repetitive work, as well as some more complex tasks not requiring frequent, on-going decision-making. Tr. 32.

The ALJ found Taylor could not perform his past relevant work. Tr. 37.

The ALJ found there was other work existing in significant numbers in the national economy that Taylor could perform. Id. Accordingly, the ALJ found Taylor not disabled.

DISCUSSION

Taylor contends that the ALJ erred by (1) rejecting the opinion of his treating physician; (2) rejecting lay testimony; (3) improperly assessing his residual functional capacity ("RFC"); (4) finding he has skills transferable to other work; and (5) failing to identify other work that Taylor can do.

I. Substantial Gainful Activity

The Commissioner argues that because the ALJ found Taylor engaged in substantial gainful activity ("SGA") after his alleged onset date of March 1, 2008, Taylor has not met his burden of showing that he was unable to engage in SGA for at least 12 months. The ALJ ...


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