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Gheati v. Astrue

February 25, 2009

RADION GHEATI, 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 his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act").*fn1 For the reasons that follow, plaintiff's Motion for Summary Judgment is GRANTED IN PART, the Commissioner's Cross Motion for Summary Judgment is DENIED, the Clerk is directed to enter judgment for the plaintiff, and this matter is remanded to the Commissioner for further development of the record.

BACKGROUND

Plaintiff, born November 26, 1949, applied on July 27, 2004 for disability benefits. (Tr. at 45.) Plaintiff alleged he was unable to work since November 1, 1996, due to degenerative disc disease of the lumbar spine, osteoarthritis of the knees, and severe headaches. (Tr. at 17, 45, 207.)

In a decision dated April 17, 2006, ALJ Antonio Acevedo-Torres determined plaintiff was not disabled. The ALJ made the following findings:*fn2

1. The claimant has not engaged in substantial gainful activity since July 27, 2004 (20 CFR 416.972)

2. The medical evidence establishes that the claimant has degenerative disc disease of the lumbar spine and osteoarthritis of the knees. However, he does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4.

3. The claimant's allegation that he is unable to perform all regular, sustained work activity is not supported by the objective evidence of record and is not credible.

4. The claimant has the retained residual functional capacity to perform a full range of medium exertional level work. There are no mental limitations.

5. The claimant's past relevant work as a crane operator did not require the performance of the work-related activities precluded by the above limitations (20 CFR 416.965).

6. The claimant's impairments do not prevent him from performing his past relevant work. (SSR82-61, 82-62, 82-40).

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 416.920(f)).

(Tr. at ...


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