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Slip Opinion
C.D. Cal.
Dec 9, 2011
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Background

  • Plaintiff Edward Munoz seeks SSI and DIB, challenging the SSA Commissioner’s denial of benefits, with magistrate judge jurisdiction under 28 U.S.C. § 636(c).
  • The ALJ found Munoz not disabled after a five-step sequential evaluation, concluding he could perform light unskilled work with no need for binocular vision.
  • Munoz has a history of liver disease, hypertension, viral hepatitis, obesity, and polysubstance abuse in remission; he also has a long history of heroin, cannabis, and alcohol use.
  • Treating and examining sources show Munoz had polysubstance abuse in remission and mild cognitive/functional limitations; one-time evaluations raised potential organic or personality disorders, which the ALJ rejected.
  • A vocational expert testified that Munoz could perform unskilled, light-wage jobs such as ticket taker, floor worker, and basket filler, given mild functional limitations.
  • The Appeals Council denied review; the district court affirmed, issuing a memorandum decision upholding the ALJ’s decision.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the ALJ erred in finding Munoz’s mental impairment non-severe Munoz contends organic mental disorder and antisocial traits were improperly ignored. ALJ properly rejected these diagnoses as unsupported by objective evidence and credibility concerns, and relied on substantial medical evidence. No error; substantial evidence supports non-severe mental impairment finding.
Whether Munoz’s polysubstance abuse in remission was properly deemed non-severe Polysubstance abuse should be a severe impairment affecting work capacity. State agency opinions and other evidence show only mild restrictions, consistent with the record and Dr. Colonna’s findings; thus non-severe. Yes, properly non-severe; substantial evidence supports the ruling.
Whether any step-two error was harmless given the record Step-two error could affect the overall disability determination. Any error was harmless because the RFC accounts for limitations and VE testimony supports remaining work. Harmless error; ultimate disability determination remains valid.

Key Cases Cited

  • Reddick v. Chater, 157 F.3d 715 (9th Cir. 1998) (substantial evidence standard and record-consideration guidance)
  • Tackett v. Apfel, 180 F.3d 1094 (9th Cir. 1999) (five-step framework and burden allocation)
  • Bayliss v. Barnhart, 427 F.3d 1211 (9th Cir. 2005) (consistency as a basis for relying on non-examining opinions)
  • Morgan v. Comm'r of Soc. Sec. Admin., 169 F.3d 595 (9th Cir. 1999) (rejecting unsupported medical opinions when contradicted by record)
  • Tonapetyan v. Halter, 242 F.3d 1144 (9th Cir. 2001) (nonexamining physician opinions as substantial evidence if corroborated)
  • Carmickle v. Comm’r of Soc. Sec. Admin., 533 F.3d 1155 (9th Cir. 2008) (harmless error when ultimate disability determination unaffected)
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Case Details

Case Name: Edward Munoz v. Michael J Astrue
Court Name: District Court, C.D. California
Date Published: Dec 9, 2011
Citation: 2:11-cv-02607
Docket Number: 2:11-cv-02607
Court Abbreviation: C.D. Cal.
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