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Frisbie v. Astrue

September 10, 2008

DARIN L. FRISBIE, 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 Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("Act").*fn1 For the reasons that follow, plaintiff's Motion for Summary Judgment and/or Remand is denied, the Commissioner's Motion for Summary Judgment is granted, and the Clerk is directed to enter judgment for the Commissioner.

BACKGROUND

Plaintiff, born June 14, 1962, protectively applied for disability benefits on July 22, 2004. (Tr. at 14, 53.) Plaintiff alleged he was unable to work since January 5, 2004, due to degenerative disc disease of the cervical and lumbar spine and degenerative joint disease of the knees. (Tr. at 16.)

In a decision dated October 11, 2006, ALJ Stanley R. Hogg determined that plaintiff was not disabled.*fn2 The ALJ made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2008.

2. The record does not establish that the claimant has engaged in substantial gainful activity since January 5, 2004, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).

3. The claimant has the following severe impairments: degenerative disc disease of the lumbar and cervical spine and early degenerative joint disease of the knees (20 CFR 404.1520(c) and 416.920(c)).

4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1(20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work with occasional stooping and climbing. Light work involves lifting no more than 20 pounds at a time, with frequent lifting or carrying of objects weighing up to 10 pounds. The full range of light work requires standing or walking off and on for a total of approximately 6 hours of an 8 hour work day. The lifting requirement for the majority of light jobs can be accomplished with occasional, rather than frequent stooping (Social Security Ruling 83-10).

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).

7. The claimant was born on June 14, 1962 and is currently 44 years old, which is defined as a younger individual age 18-44 (20 CFR 404.1563 and 416.963).*fn3

8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).

9. Transferability of job skills is not material to the determination of disability because applying the Medical-Vocational Rules directly supports a finding of "not disabled" (See 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1560(c), 404.1566, 416.960(c), and 416.966).

11. The claimant has not been under a "disability," as defined in the Social Security Act, from January 5, 2004 through the date of this ...


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