Christopher Blagg v. Jo Anne B Barnhart

Case 5:03-cv-01184-AN Document 14 Filed 09/28/05 Page 1 of 2 Page ID #:13 1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF C...

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Case 5:03-cv-01184-AN Document 14 Filed 09/28/05 Page 1 of 2 Page ID #:13

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

10 CHRISTOPHER BLAGG,

Case No. EDCV 03-1184 AN

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MEMORANDUM AND ORDER

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) ) ) Plaintiff, ) ) v. ) ) JO ANNE B. BARNHART, COMMISSIONER OF THE SOCIAL ) ) SECURITY ADMINISTRATION, ) ) Defendant. )

Pursuant to 42 U.S.C. § 405(g), Plaintiff is seeking judicial review of the final

18 decision of the Commissioner of the Social Security Administration (the 19 “Commissioner”) denying his claim for supplemental security income (“SSI”) pursuant 20 to Title XVI of the Social Security Act (“Act”). Both parties have consented to proceed 21 before the undersigned Magistrate Judge. Pursuant to the Court’s Case Management 22 Order, the parties have filed a joint stipulation and request for an order summarily 23 deciding issues concerning remand and/or immediate payment of benefits (“JS”). 24

The relevant background facts are familiar to both parties and Plaintiff has

25 stipulated that the decision of the Administrative Law Judge (“ALJ”) decision fairly and 26 accurately summarizes the hearing testimony and medical evidence in the record except 27 as noted in his contentions. 28

In the JS, Plaintiff contends the ALJ erred by: (1) failing to give proper reasons for Page 1

Case 5:03-cv-01184-AN Document 14 Filed 09/28/05 Page 2 of 2 Page ID #:14

1 disregarding the opinions of the treating and other physicians who opined that he was 2 disabled; (2) failing to properly assess his subjective complaints; (3) failing to provide 3 a sufficient number of jobs that Plaintiff could purportedly perform; (4) failing to fully 4 and fairly develop the record. The Commissioner disagrees. 5

After reviewing the parties’ respective contentions and the record as a whole, the

6 Court finds Plaintiff’s contentions lack merit, are partly based upon misstatements of the 7 record, and are otherwise deficient for the well-stated reasons expressed by the 8 Commissioner. Consequently, the Court rejects Plaintiff’s contentions for the reasons set 9 forth by the Commissioner. Further, for the reasons discussed by the Commissioner in 10 the JS, the Court also finds the ALJ’s determination of non-disability is free of legal error 11 and supported by substantial evidence. Accordingly, Plaintiff’s request for an order 12 directing the payment of benefits or remanding this case for further proceedings is 13 DENIED, and the Commissioner’s request for an order affirming the Commissioner’s 14 final decision and dismissing the action is GRANTED. The clerk shall enter judgment, 15 close the file and terminate all pending motions. 16 17

IT IS SO ORDERED.

18 19 DATED: September 28, 2005 20

/s/ Arthur Nakazato ARTHUR NAKAZATO UNITED STATES MAGISTRATE JUDGE

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