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Page v. Colvin

United States District Court, D. Oregon

February 4, 2015

MARY JANE PAGE, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner, Social Security Administration, Defendant.

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

S. AMANDA MARSHALL, United States Attorney, RONALD K. SILVER, Assistant United States Attorney, Portland, OR, DAVID MORADO, Regional Chief Counsel, THOMAS M. ELSBERRY, Special Assistant United States Attorney Social Security Administration, Seattle, WA, Attorneys for Defendant.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

Plaintiff Mary Jane Page seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which she denied Plaintiff's applications for Supplemental Security Income (SSI) and Disability Insurance Benefits (DIB) under Titles XVI and II of the Social Security Act. This Court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. § 405(g).

For the reasons that follow, the Court AFFIRMS the decision of the Commissioner and DISMISSES this matter.

ADMINISTRATIVE HISTORY

Plaintiff filed applications for DIB and SSI on September 11, 2009, and alleged a disability onset date of May 15, 2008. Tr. 123, 145.[1] Her applications were denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a hearing on January 10, 2010. Tr. 23. At the hearing Plaintiff and a vocational expert (VE) testified. Tr. 48-66. Plaintiff was represented by an attorney.

On June 15, 2012, the ALJ issued an opinion in which she found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 25-41. On October 22, 2013, that decision became the final decision of the Commissioner when the Appeals Council denied Plaintiff's request for review. Tr. 1-6.

BACKGROUND

Plaintiff was born on August 7, 1951. Tr. 123. Plaintiff was 60 years old at the time of the hearing. Plaintiff went to school through the twelfth grade but did not graduate from high school. Tr. 53. Plaintiff has past relevant work experience as a sandwich maker. Tr. 35.

Plaintiff alleges disability due to quadruple bypass, angina, hypertension, "solitary kidney, " shortness of breath, arthritis, and joint and shoulder pain. Tr. 124.

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. 30, 32-34.

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 ...


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