Page:Datastorm Technologies v. Excalibur Communications.pdf/5

 Marc V. Kalagian, Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, CA, for plaintiff.

Jon Pearson and Leon M. Weidman, U.S. Attys., Los Angeles, CA, for defendant.

EDWARDS, United States Magistrate Judge.


 * 1. Proceedings.

Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) of the Social Security Act (“Act”) to obtain judicial review of a final decision of the Secretary of Health and Human Services (“Secretary”) denying plaintiff’s claim for supplemental security income benefits under Title XVI of the Act. The parties filed cross-motions for summary judgment and have stipulated to disposition of this action before the United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c). The motions were taken under submission without oral argument. Local Rule 7.11.


 * 2. Standard of Review.

Under 42 U.S.C. § 405(g), this Court reviews the Secretary’s decision to determine if: (1) the Secretary’s findings are supported by substantial evidence; and (2) the Secretary used proper legal standards, DeLorme v. Sullivan, 924 F.2d 841, 846 (9th Cir.1991).


 * 3. Plaintiff Is Entitled to Summary Judgment.

Plaintiff claims to be disabled due to back and neck pains and depression. She had two hearings before an Administrative Law Judge (“ALJ”), who denied her claim, and the Appeals Council of the Office of Hearings and Appeals, Social Security Administration, Department of Health and Human Services, denied review. The ALJ’s decision became the final decision of the Secretary. 20 C.F.R. § 404.900.

Plaintiff’s motion seeks in the alternative either an immediate award of benefits or remand for further proceedings before the Secretary. The Court has read the entire record and the presentations of the parties and concludes that the record does not include substantial evidence to support the ALJ’s findings and further that the ALJ erred in failing to apply applicable law. Accordingly, plaintiff is entitled to summary judgment.

Pertinent regulations require that disability claims be evaluated according to a 5-step procedure. See 20 C.F.R. §§ 416.920(b) to 416.920(f). In steps 1 through 4, the claimant must demonstrate that she has a severe impairment and that she cannot perform her previous job. Here, the ALJ expressly found that plaintiff had a severe impairment and that her impairment was serious enough