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Coxey v. Astrue

September 17, 2008

PATTIE A. COXEY, 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

FINDINGS AND RECOMMENDATIONS

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act ("Act"). For the reasons that follow, the court recommends that plaintiff's Motion for Remand or Summary Judgment be GRANTED IN PART, the Commissioner's Cross Motion for Summary Judgment be DENIED, and judgment be entered for the plaintiff. This matter should be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. §405(g) for further findings in accordance with these findings and recommendations.

BACKGROUND

Plaintiff, born July 1, 1955, applied for DIB on January 15, 2003. (Tr. at 68, 72.) Plaintiff alleged she was unable to work since January 31, 2000, due to severe back pain. (Tr. at 59.) In a decision dated June 3, 2006, ALJ William Horton determined that plaintiff was not disabled. The ALJ made the following findings:*fn1

1. The claimant meets the insured status requirements of the Social Security Act through September 3, 2005.

2. The claimant has not engaged in substantial gainful activity at any time relevant to this decision (20 CFR 404.1520(b) and 404.1571 et seq.).

3. The claimant has the following severe impairments: chronic back pain; fibromyalgia (20 CFR 404.1520(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).

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to do the following: light exertional work with some restrictions.

6. The claimant is able to perform past relevant work (20 CFR 404.1565).

7. The claimant was born on July 1, 1955 and was 44-years old on the alleged disability onset date, which is defined as a younger individual 45-49 (20 CFR 404.1563). She is now age 50.

8. The claimant has a high school education and two years of college (20 CFR 404.1564).

9. Transferability of job skills is not material to the determination of disability as it is found that she can return to past relevant work.

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

11. The claimant has not been under a "disability," as defined in the Social Security Act, from January 21, 2000 through the date of ...


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