EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for a period of disability and Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("the Act"). The parties have filed cross-motions for summary judgment, which have been submitted without oral argument.
On January 13, 2012, plaintiff filed an application for DIB alleging disability beginning on April 1, 2009. Administrative Record (AR) at 10, 121-27. Her application was denied initially, id. at 82-85, and upon reconsideration. Id. at 88-92.
Thereafter, plaintiff requested a hearing which was held before an Administrative Law Judge ("ALJ") on May 10, 2013, at plaintiff was represented by an attorney and testified. Id. at 47-48. In a decision issued on July 1, 2013, the ALJ found that plaintiff was not disabled. Id. at 20. The ALJ entered the following findings:
Id. at 12-20.
On December 3, 2014, the Appeals Council denied plaintiff's request for review, id. at 1-3, leaving the ALJ's decision as the final decision of the Commissioner. Plaintiff sought judicial review pursuant to 42 U.S.C. § 405(g).
"The district court reviews the Commissioner's final decision for substantial evidence, and the Commissioner's decision will be disturbed only if it is not supported by substantial evidence or is based on legal error." Hill v. Astrue, 698 F.3d 1153, 1158-59 (9th Cir. 2012). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Osenbrock v. Apfel, 240 F.3d 1157, 1162 (9th Cir. 2001); Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997).
"[A] reviewing court must consider the entire record as a whole and may not affirm simply by isolating a `specific quantum of supporting evidence.'" Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir. 2006) (quoting Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir. 1989)). If, however, "the record considered as a whole can reasonably support either affirming or reversing the Commissioner's decision, we must affirm." McCartey v. Massanari, 298 F.3d 1072, 1075 (9th Cir. 2002).
A five-step evaluation process is used to determine whether a claimant is disabled. 20 C.F.R. § 404.1520; see also Parra v. Astrue, 481 F.3d 742, 746 (9th Cir. 2007). The five-step process has been summarized as follows:
Lester v. Chater, 81 F.3d 821, 828 n.5 (9th Cir. 1995).
The claimant bears the burden of proof in the first four steps of the sequential evaluation process. Bowen v. Yuckert, 482 U.S. 137, 146 n. 5 (1987). The Commissioner bears the burden if the sequential evaluation process proceeds to step five. Id.; Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999).
Plaintiff argues that the ALJ made "irreconcilable findings" regarding plaintiff's residual functional capacity. ECF No. 20 at 7.
It is apparent for the text of the ALJ's discussion and analysis of the medical evidence, however, that the ALJ simply committed a drafting error in initially stating that plaintiff was limited to "occasional" handling and fingering. In the body of the decision that sets forth the ALJ's analysis of the medical evidence, the ALJ stated cogent reasons for the express finding that plaintiff was capable of frequent handling and fingering with the right hand. The ALJ recounted the opinion of examining physician, Dr. Vincente R. Bernabe, who independently examined plaintiff and found, in relevant part, that plaintiff had "[n]o restrictions for fine and gross manipulation[.]" AR at 306. The ALJ gave Dr. Bernabe's opinion "great weight," id. at 17, and an examining physician's opinion constitutes substantial evidence when it is based on independent clinical findings. Orn v. Astrue, 495 F.3d 625, 631 (9th Cir. 2007). Furthermore, plaintiff fails to cite to any evidence upon which the ALJ could have found that plaintiff was limited to only "occasional" handling and fingering as opposed to frequent handling and fingering.
As noted above, if "the record considered as a whole can reasonably support either affirming or reversing the Commissioner's decision, we must affirm." McCartey, 298 F.3d at 1075. Here, the record as a whole can reasonably support affirming the Commissioner's decision. Accordingly, for the reasons stated above, the court finds no basis to grant plaintiff's motion for summary judgment.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for summary judgment (ECF No. 20) is denied;
2. The Commissioner's cross-motion for summary judgment (ECF No. 21) is granted;
3. The decision of the Commissioner of Social Security is affirmed; and
4. The Clerk is directed to enter judgment in favor of the Commissioner and close the case.