United States District Court, D. Oregon
MERRILL SCHNEIDER Schneider Kerr & Robichaux Attorneys
J. WILLIAMS United States Attorney JANICE E. HEBERT Assistant
United States Attorney
MORADO Regional Chief Counsel LEISA A. WOLF Special Assistant
United States Attorney Attorneys for Defendant
OPINION AND ORDER
J. BROWN United States District Judge
Amy Swan seeks judicial review of the final decision of the
Commissioner of the Social Security Administration (SSA) in
which she denied Plaintiff's application for Supplemental
Security Income (SSI) under Title XVI of the Social Security
Act. This Court has jurisdiction to review the
Commissioner's final decision pursuant to 42 U.S.C.
reasons that follow, the Court AFFIRMS the decision of the
Commissioner and DISMISSES this matter.
protectively filed her application for SSI benefits on May
22, 2012. Tr. 19. Plaintiff alleged a disability onset date
of August 1, 2005. Tr. 19. Plaintiff's application was
denied initially and on reconsideration. An Administrative
Law Judge (ALJ) held a hearing on May 19, 2014. Tr. 34-61.
Plaintiff and a vocational expert (VE) testified. Plaintiff
was represented by an attorney at the hearing.
24, 2014, the ALJ issued an opinion in which she found
Plaintiff is not disabled and, therefore, is not entitled to
benefits. Tr. 19-29. On August 1, 2014, Plaintiff requested
review by the Appeals Council. Tr. 14. On October 29, 2015,
the Appeals Council denied Plaintiff's request to review
the ALJ's decision, and the ALJ's decision became the
final decision of the Commissioner. Tr. 1-3. See Sims v.
Apfel, 530 U.S. 103, 106-07 (2000).
December 30, 2015, Plaintiff filed a Complaint in this Court
seeking review of the Commissioner's decision.
was born on May 10, 1966. Tr. 27. Plaintiff was 48 years old
at the time of the hearing. Plaintiff dropped out of high
school after the 11th grade and has not completed her GED.
Tr. 28. The ALJ found Plaintiff does not have any past
relevant work experience. Tr. 27.
alleges disability due to back injury, posttraumatic stress
disorder (PTSD), rapid depression, panic attacks, and
obsessive-compulsive disorder (OCD). Tr. 64-65.
as 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. 21-23.
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 ...