Powell

Powell v. Commissioner of Social Security

Good Law
318 F. App'x 550
United States Court of Appeals for the Ninth CircuitMarch 10, 2009Nos. 07-35921California392 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Alice Aline Powell appeals from the district court’s judgment affirming the denial of social security disability benefits by an administrative law judge (“ALJ”). We review de novo the district court’s decision. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002). Reviewing de novo questions of law, and for substantial evidence the ALJ’s findings, 42 U.S.C. § 405 (g); Thomas, 278 F.3d at 954 , we affirm.

1. The ALJ’s determination of Plaintiffs residual functional capacity (“RFC”) erred in one respect. The ALJ’s conclusion that Plaintiff was capable of a wide range of light work, instead of sedentary work, is not supported by substantial evidence, because the ALJ’s conclusions concerning Plaintiffs standing and walking limitations are inconsistent with light work. See 20 C.F.R. § 404.1567 (describ-. ing the requirements of “light work” and “sedentary work”). But that error was harmless because the ALJ held, at the next step, that Plaintiff was capable of performing her past relevant work—all of which was sedentary. See Stout v. Comm’r, Soc. Sec. Admin., 454 F.3d 1050, 1055 (9th Cir.2006) (holding that an error was harmless if it was “inconsequential to…

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