Kristine Morillas v. Michael Astrue

MEMORANDUM

Kristine A. Morillas appeals from a district court judgment affirming a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the Social Security Act. 42 U.S.C. §§ 416 (i), 423, and 1381a. The administrative law judge (“ALJ”) made findings at both Step Four and Step Five of the five-step sequential process for evaluating whether a claimant is disabled. 20 C.F.R. § 404.1520 (a)(4). The ALJ’s finding at Step Four, that Morillas has residual functional capacity (“RFC”) to perform her past relevant work as a bartender or waitress, was rejected by the district court based on the Commissioner’s concession that it was erroneous. However, the district court upheld the denial of benefits based on the ALJ’s alternative finding at Step Five that — notwithstanding the existence of severe, medically determinable impairments with respect to her back, neck, and knees — Morillas has the RFC to perform sedentary, semi-skilled jobs existing in significant numbers in the national economy, including that of “check cashier.” The district court also sustained…