Bifarella

Bifarella v. Colvin

Good Law
51 F. Supp. 3d 926·2014 WL 4925082·2014 U.S. Dist. LEXIS 139787
United States District Court, Eastern District of CaliforniaSeptember 30, 2014No. 2:13-cv-341-EFBCalifornia4,025 words

Opinion

Lead Opinion

Brennan, J.

*929 ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for a period of disability and Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act. The parties’ cross-motions for summary judgment are pending. For the reasons discussed below, defendant’s motion is granted and plaintiff’s motion is denied.

I. BACKGROUND

Plaintiff protectively filed an application for a period of disability and DIB on May II, 2010, alleging that she had been disabled since May 1, 2007. 1 Administrative Record (“AR”) 66, 135-142. Plaintiffs application was denied initially and upon reconsideration. Id. at 68-72, 74-78. On September 7, 2011, a hearing was held before administrative law judge (“ALJ”) William C. Thompson, Jr. Id. at 43-65. Plaintiff was represented by counsel at the hearing, at which she and a vocational expert (“VE”) testified. Id.

On October 18, 2011, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i) and 223(d) of the Act. 2 Id. at 25-38. The ALJ made the following specific findings:

Id. at 27-37.

Plaintiffs request for Appeals Council…

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