Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Woll v. Astrue

September 17, 2008

GAIL L. WOLL, 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 her applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB") under Titles XVI and II of the Social Security Act ("Act").*fn1 For the reasons that follow, plaintiff's Motion for Summary Judgment is DENIED, the Commissioner's Cross Motion for Summary Judgment is GRANTED, and the Clerk is directed to enter judgment for the Commissioner.

BACKGROUND

Plaintiff, born February 20, 1958, applied for SSI, with a protective filing date of March 28, 1997, and applied for DIB with a filing date of April 25, 1997. (Tr. at 169, 327.)

Plaintiff alleged she was unable to work since November 20, 1996, due to a back injury. (Tr. at 170.) In a decision dated October 14, 1999, ALJ L. Kalei Fong determined that plaintiff was not disabled. (Tr. at 135-41.) Plaintiff then filed an action in this court on February 5, 2001. On November 6, 2001, after the Commissioner represented that the claim file could not be located, this court remanded the matter under sentence six to locate or reconstruct the file. In a decision dated June 7, 2002, ALJ Plauche F. Villere, Jr., determined that plaintiff was not disabled. (Id. at 13-21.) Plaintiff returned to this court which remanded on May 31, 2005 for the purpose of obtaining vocational testimony regarding the effect of plaintiff's crouching restriction on her ability to do sedentary work, and whether there was other work plaintiff could do. (Id. at 406-14.) In a decision dated October 13, 2006, ALJ Mark C. Ramsey determined plaintiff was not disabled. The ALJ made the following findings:*fn2

1. The claimant met the insured status requirements of the Social Security Act through March 31, 1997.

2. The claimant has not engaged in substantial gainful activity since November 21, 1996, 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 spine with congenital transitional lumbosacral formation, cervical disc disease, and peptic ulcer disease (20 CFR 404.1520(c) and 416.920(c)).

4. The claimant does not have an impairment 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 lift 10 pounds occasionally and less than 10 pounds frequently, to sit for six hours in an eight hour day and to stand and/or walk for two hours in an eight hour day. The claimant also has manipulative limitations that preclude more than occasional overhead work and postural limitations that preclude squatting.

6. The claimant is capable of performing past relevant work as a receptionist. This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 404.1565 and 416.965).

7. The claimant has not been under a "disability," as defined in the Social Security Act, from November 21, 1996 through the date of this decision (20 CFR 404.1520(f) and 416.920(f)).

(Tr. at 330-39.)

ISSUES PRESENTED

Plaintiff has raised the following issues:

A. Whether the ALJ Failed to Credit the Treating Physicians' Opinions Without a Legitimate Basis;

B. Whether the ALJ Failed to Credit Plaintiff's Testimony as to the Nature and Extent of Her Pain and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.