Opinion
For Carlos Javier Guizar Serna, Plaintiff: Gifford G Beaton, LEAD ATTORNEY, Wheeler and Beaton PLC, San Luis Obispo, CA.
For Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant: Patrick W Snyder, LEAD ATTORNEY, SAUSA - U.S. Attorney's Office, San Francisco, CA; Assistant U.S. Attorney LA-CV, AUSA - Office of U.S. Attorney, Civil Division, Los Angeles, CA; Assistant U.S. Attorney LA-SSA, Office of the General Counsel for Social Security Adm., San Francisco, CA.
MEMORANDUM OPINION AND ORDER
MARGARET A. NAGLE, UNITED STATES MAGISTRATE JUDGE.
On May 2, 2014, plaintiff filed a Complaint seeking review of the denial of his application for a period of disability, Disability Insurance Benefits (" DIB"), and Supplemental Security Income (" SSI"). (ECF No. 2.) On May 22, 2014, the parties consented, pursuant to 28 U.S.C. § 636(c), to proceed before the undersigned United States Magistrate Judge. (ECF No. 9.) On January 5, 2015, the parties filed a Joint Stipulation (" Joint Stip."), in which plaintiff seeks an order reversing the Commissioner's decision and directing the immediate payment of benefits or, in the alternative, remanding the matter for further proceedings; and the Commissioner requests that her decision be affirmed or, alternatively, remanded for further administrative proceedings. (Joint Stip. at 48-50.) The Court has taken the parties' Joint Stipulation under submission without oral argument.
SUMMARY OF ADMINISTRATIVE PROCEEDINGS
On December 17, 2009, plaintiff protectively filed his application for a period of disability, DIB and SSI. (Administrative Record (" A.R.") 20.) Plaintiff, who was born on July 16, 1966 ( id. 136), claims to have been disabled since December 1, 2009, due to lower back pain ( id. 140). Plaintiff has past relevant work experience as an agricultural field worker, mechanic, and tractor driver. (Id. 28.)
After the Commissioner denied plaintiff's claim initially (A.R. 20, 67-70) and on reconsideration ( id. 20, 72-76), plaintiff requested a hearing ( id. 20, 77-78). On December 7, 2011, plaintiff, who was represented by counsel, appeared and testified at a video hearing, with the help of a Spanish language interpreter, before Administrative Law Judge Dale A. Garwal (the " ALJ"). (Id. 20, 39-62.) Vocational expert (" VE") Kelly Bartlett and plaintiff's friend Loretta Solana also testified. (Id. ) On January 23, 2012, the ALJ denied plaintiff's claim ( id. 20-29), and the Appeals Council subsequently denied plaintiff's request for review of the ALJ's decision ( id. 1-6).
On December 19, 2013, plaintiff, who was represented by counsel, again appeared and testified, with the help of a Spanish language interpreter, at a video hearing before the ALJ. (A.R. 432-40.) VE Sharon Spaventa also testified. (Id. ) On January 16, 2014, the ALJ denied plaintiff's claim. (Id. 403-13.) That decision is now at issue in this action.
SUMMARY OF ADMINISTRATIVE DECISION
After reviewing the record, the ALJ determined that plaintiff has the residual functional capacity (" RFC") to perform light work. (A.R. 407.) Specifically, plaintiff can " lift/carry 20 pounds occasionally and 10 pounds frequently[, ] sit/stand six hours in an eight-hour workday[, and] occasional[ly] bend or stoop" but " [must] avoid working in cold temperature extremes" and is " limited to simple, routine tasks." (Id. )
The ALJ further found that plaintiff " is unable to communicate in E