Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Alo v. Berryhill

United States District Court, D. Oregon

May 8, 2017

CHERYL L. ALO, Plaintiff,
v.
NANCY A. BERRYHILL, [1]Acting Commissioner, Social Security Administration, Defendant.

          KATHERINE EITENMILLER MARK A. MANNING Harder Wells Baron & Manning Attorneys for Plaintiff

          BILLY J. WILLIAMS United States Attorney

          JANICE E. HEBERT Assistant United States Attorney

          DAVID MORADO Regional Chief Counsel

          MARTHA A. BODEN Special Assistant United States Attorney Social Security Administration Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN United States District Judge

         Plaintiff Cheryl L. Alo 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 her applications for DIB and SSI on March 5, 2012. Tr. 149, 156.[2] Plaintiff alleged a disability onset date of July 31, 2008. Her applications were denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a hearing on January 21, 2014. Tr. 31-55. At the hearing Plaintiff was represented by an attorney. Plaintiff and a vocational expert (VE) testified at the hearing.

         The ALJ issued a decision on April 15, 2014, in which she found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 18-30. Pursuant to 20 C.F.R. § 404.984(d) that decision became the final decision of the Commissioner on December 7, 2015, when the Appeals Council denied Plaintiff's request for review. Tr. 3-6. See Sims v. Apfel, 530 U.S. 103, 106-07 (2000).

         BACKGROUND

         Plaintiff was born on January 3, 1986, and was 28 years old at the time of the hearing. Tr. 149. Plaintiff graduated from high school. Tr. 35. Plaintiff has past relevant work experience as a deli worker and produce clerk. Tr. 48. Plaintiff alleges disability due to lymphedema in her lower extremities. Tr. 20.

         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. 21, 23-24.

         STANDARDS

         The initial burden of proof rests on the claimant to establish disability. Molina v. Astrue, 674 F.3d 1104, 1110 (9thCir. 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. 2009)). It is more than a mere scintilla [of evidence] but less than a preponderance. Id. (citing Valentine, 574 F.3d at 690).

         The ALJ is responsible for determining credibility, resolving conflicts in the medical evidence, and resolving ambiguities. Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir. 2009). The court must weigh all of the evidence whether it supports or detracts from the Commissioner's decision. Ryan v. Comm'r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir. 2008). Even when the evidence is susceptible to more than one rational interpretation, the court must uphold the Commissioner's findings if they are supported by inferences reasonably drawn from the record. Ludwig v. Astrue, 681 F.3d 1047, 1051 (9th Cir. 2012). The court may not substitute its judgment for that of the Commissioner. Widmark v. Barnhart, 454 F.3d 1063, 1070 (9th Cir. 2006).

         DISABILITY ANALYSIS

          I. The Regulatory ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.