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Glenn v. Astrue

September 3, 2008

NORA GLENN, 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 applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB") under Titles XVI and II of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment is granted in part, 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 September 23, 1960, applied for disability benefits on September 6, 2004. (Tr. at 28, 20.) Plaintiff alleged she was unable to work since September 20, 2001, due to ruptured discs in the lower back and left knee problems. (Tr. at 19; 52, 16.)

In a decision dated July 14, 2006, ALJ Mark Ramsey determined that plaintiff was not disabled.*fn1 The ALJ made the following findings:

1. The claimant has not engaged in substantial gainful activity after September 20, 2001.

2. The medical evidence establishes that the claimant has degenerative joint disease, but that he [sic] does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, and Regulations No. 4.

3. The claimant's subjective complaints are not consistent with the evidence of record and not fully credible.

4. The claimant has the residual functional capacity for lifting 40 pounds occasionally, and 20 pounds frequently. The claimant can stand and walk for 6 hours, in an 8 hour day (in 1-2 hour increments), and sit for 6 hours, in an 8 hour day (in 2 hour increments). The claimant can bend on an occasional basis.

5. The claimant cannot perform her past relevant work. The claimant is 45 years of age and has a 12th grade education.

6. Rule 202.20, Appendix 1, Subpart P, Regulations No. 4, directs that the claimant is not disabled, as there are a significant number of jobs that she can perform.

7. The claimant was not under a "disability" as defined in the Social Security Act, at any time through the date of this decision (20 CFR § 404.1520(e) and 416.920(e)).

(Tr. at ...


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