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Hayes v. Colvin

United States District Court, D. Oregon

June 3, 2014

CHRISTLE LYNN HAYES, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Conunissioner, Social Security Administration, [1] Defendant.

MARLENE R. YESQUEN, Black, Chapman, Webber & Stevens, Medford, OR, Attorneys for Plaintiff.

S. AMANDA MARSHALL, United States Attorney, ADRIAN L. BROWN, Assistant United States Attorney, Portland, OR, DAVID MORADO, Regional Chief Counsel, LARS J. NELSON, Special Assistant United States Attorney Social Security Administration, Seattle, WA, Attorneys for Defendant.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

Plaintiff Cristle Lynn Hayes seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which she denied Plaintiff's application for Supplemental Security Income (SSI) payments under Title XVI of the Social Security Act. This Court has jurisdiction to review the Commissioner's decision pursuant to 42 U.S.C. § 405(g).

For the reasons that follow, the Court AFFIRMS the Commissioner's final decision and DISMISSES this matter.

ADMINISTRATIVE HISTORY

Plaintiff filed her application for SSI on November 16, 2009. Tr. 154.[2] The application was denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a video hearing on May 1, 2012. Tr. 22. At the hearing Plaintiff was represented by an attorney. Plaintiff and a vocational expert (VE) testified at the hearing. Tr. 22.

The ALJ issued a decision on May 24, 2012, in which he found Plaintiff is not entitled to benefits. Tr. 30. That decision became the final decision of the Commissioner on April 16, 2013, when the Appeals Council denied Plaintiff's request for review. Tr. 1.

BACKGROUND

Plaintiff was born on October 24, 1962, and was 49 years old at the time of the hearing. Tr. 154. Plaintiff completed high school and two years of college. Tr. 42. Plaintiff has past relevant work experience as a fast-food worker and medical transcriber. Tr. 61.

Plaintiff alleges disability since October 29, 2009, [3] due to fibromyalgia, sciatica, neuropathy, bursitis, spondylosis, depression, high-blood pressure, asthma, and "right leg problems." Tr. 41, 177.

Except when noted, Plaintiff does not challenge the ALJ's summary of the medical evidence. After carefully reviewing the medical records, this Court adopts the ALJ's summary of the medical evidence. See Tr. 24-30.

STANDARDS

The initial burden of proof rests on the claimant to establish disability. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012). To meet this burden, a claimant must demonstrate her inability "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which... has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 423(d)(1)(A). The ALJ must develop the record when there is ambiguous evidence or when the record is inadequate to allow for proper evaluation of the evidence. McLeod v. Astrue, 640 F.3d 881, 885 (9th Cir. 2011) (quoting Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir. 2001)).

The district court must affirm the Commissioner's decision if it is based on proper legal standards and the findings are supported by substantial evidence in the record as a whole. 42 U.S.C. § 405(g). See also Brewes v. Comm'r of Soc. Sec. Admin., 682 F.3d 1157, 1161 (9th Cir. 2012). Substantial evidence is "relevant evidence that a reasonable mind might accept as adequate to support a conclusion." Molina, 674 F.3d. at 1110-11 (quoting Valentine v. Comm'r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir. ...


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