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Brady v. Colvin

United States District Court, Ninth Circuit

September 24, 2013

MARILYN ANN BRADY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER AFFIRMING THE COMMISSIONER AND DISMISSING THE CASE

BRIAN A. TSUCHIDA, Magistrate Judge.

Marilyn Ann Brady seeks review of the denial of her application for Disability Insurance Benefits. She contends the ALJ erred by (1) failing to consider whether Ms. Brady suffered from a severe mental health impairment, (2) improperly assessing the medical evidence, (3) incorrectly discounting the credibility of the testimony of Ms. Brady, (4) incorrectly determining Ms. Brady capable of performing her past relevant work and prematurely terminating her inquiry at step four. Dkt. 14 at 2. As discussed below, the Court recommends the Commissioner's decision is AFFIRMED and the case is DISMISSED with prejudice.

BACKGROUND

Marilyn Brady is currently 57 years old, has a high school degree and some college education, and has worked as a corporate trainer and insurance licensing supervisor.[1] In February 2010, she applied for benefits, alleging disability as of June 1, 2006. Tr. 161-62. Her applications were denied initially and on reconsideration. Tr. 90-92, 95-99. The ALJ conducted a hearing on September 7, 2011 (Tr. 28-86), and subsequently found Ms. Brady not disabled. Tr. 12-23. As the Appeals Council denied Ms. Brady's request for review, the ALJ's decision is the Commissioner's final decision. Tr. 1-5.

THE ALJ'S DECISION

Utilizing the five-step disability evaluation process, [2] the ALJ found:

Step one: Ms. Brady had not engaged in substantial gainful activity since June 1, 2006.
Step two: Ms. Brady's idiopathic pulmonary fibrosis and bilateral carpometacarpal joint early osteoarthritis are severe impairments.
Step three: These impairments did not meet or equal the requirements of a listed impairment.[3]
Residual Functional Capacity ("RFC"): Ms. Brady can perform less than the full range of light work as follows: she can lift 10 pounds frequently and 10 pounds occasionally. She can perform jobs that require occasional kneeling, crawling, crouching, stooping and climbing of ramps and stairs. She can perform jobs that require frequent handling and fingering. She must avoid moderate exposure to fumes, gases, humidity and extreme hot or extreme cold temperatures.
Step four: Ms. Brady can perform her past work as a training representative, insurance licensing supervisor, and procurement clerk, and is therefore not disabled.

Tr. 12-23.

DISCUSSION

A. The ALJ Did Not Err at ...


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