(SS) Nelson v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 14, 20231:21-cv-01791California6,815 words

Opinion

Trial Court Opinion

I. INTRODUCTION

19 Plaintiff Vicki Colleen Nelson (“Plaintiff”) seeks judicial review of a final decision of the Commissioner of Social Security (the “Commissioner” or “Defendant”) denying her application for disability insurance benefits (“DIB”) under the Social Security Act (the “Act”). (Doc. 1.) The matter is currently before the Court on the parties’ briefs, which were submitted, without oral argument, to the Honorable Sheila K. Oberto, United States Magistrate Judge.1 II. FACTUAL BACKGROUND On March 1, 2019, Plaintiff protectively filed an application for DIB payments, alleging she became disabled on December 4, 2018, due to a neck fusion, thoracic fusion, nerve damage, 28 degenerative disk disease, low back degeneration, depression, knee degeneration, and severe right rib pain. (Administrative Record (“AR”) 19, 21, 22, 62, 76, 92, 220–22, 252–53, 261, 295, 307.) Plaintiff was born on May 9, 1962, and was 56 years old on the alleged onset date. (AR 62, 76, 92, 261, 295, 307.) She has at least a high school education and is able to communicate in English. (AR 40, 80, 95, 251, 253.) Plaintiff…

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