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Barr v. Astrue

August 7, 2008

ERLE L. BARR, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Gregory G. Hollows U.S. Magistrate Judge

ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying plaintiff's application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment and/or Remand is granted, the Commissioner's Motion for Summary Judgment is denied, and this matter is remanded to the ALJ for further findings as directed in this opinion. The Clerk is directed to enter judgment for plaintiff.

BACKGROUND

Plaintiff, born November 12, 1953, applied for disability benefits on June 30, 2003. (Tr. at 47.) Plaintiff alleged he was unable to work since April 1, 2004, due to meningioma,*fn1 grand mal seizures, diabetes, Meniere's disease with severe vertigo, peripheral neuropathy in the feet, and degenerative disc disease. (Tr. at 47, 124.)

In a decision dated July 21, 2006, ALJ Mark C. Ramsey determined that plaintiff was not disabled.*fn2 The ALJ made the following findings:

1. The claimant has not engaged in substantial gainful activity since the alleged onset of disability.

2. The claimant's obesity, diabetes mellitus, degenerative disc disease, and vertigo/seizure disorder are considered "severe" based on the requirements in the Regulations (20 CFR § 416.920(c).

3. This medically determinable impairments do not meet or medically equal one of the listed impairments in Appendix 1, Subpart P, Regulation No. 4.

4. The undersigned finds the claimant's allegations regarding his limitations are not totally credible for the reasons set forth in the body of the decision.

5. The claimant has the following residual functional capacity: he can perform light work, or work involving lifting and/or carrying up to 20 pounds occasionally and 10 pounds frequently, standing/walking up to six hours per day, and sitting up to six hours per day (20 CFR §§ 416.967(b), 404.1567(b)). He should also avoid exposure to dangerous machinery and unprotected heights.

6. The claimant has no past relevant work (20 CFR § 416.965).

7. The claimant is a person closely approaching advanced age (20 CFR § 416.963).

8. The claimant has "a limited education" (20 CFR § 416.964).

9. The claimant has no transferable skills from any past relevant work and/or transferability of skills is not an issue in ...


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