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Cain v. Commissioner of Social Security

March 9, 2009

DAVID L. CAIN, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

MEMORANDUM OPINION AND ORDER

Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pursuant to the consent of the parties, this case is before the undersigned for final decision on plaintiff's motion for summary judgment (Doc. 15) and defendant's cross-motion for summary judgment (Doc. 16).

I. PROCEDURAL HISTORY

Plaintiff applied for social security benefits on May 18, 2004. In the application, plaintiff claims that his disability began on January 1, 1985. Plaintiff claims that his disability is caused by a combination of Post Traumatic Stress Disorder (PTSD), childhood abuse, L4-5 broken spine, and gunshot wound to left leg. Plaintiff's claim was initially denied. Following denial of reconsideration, plaintiff requested an administrative hearing, which was held on November 28, 2005, before Administrative Law Judge ("ALJ") Mark C. Ramsey. In an April 14, 2006, decision, the ALJ made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 1990.

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 objective medical evidence fails to establish the existence of a medically determinable impairment that could reasonably be expected to produce the claimant's symptoms (20 CFR 404.1520(c)).

4. The claimant has not been under a "disability," as defined in the Social Security Act, from January 1, 1985 though the date of this decision (20 CFR 404.131; 404.1520(c)).

After the Appeals Council declined review on November 8, 2007, this appeal followed.

II. SUMMARY OF THE EVIDENCE

The certified administrative record ("CAR") contains the following medical records:

1. Medical Records covering the period from March 19, 1996 to February 22, 1996 from Mercy Medical Center (CAR 139-188);

2. Medical Records covering the period from August 1, 1996 to June 3, 1999 from Redding Medical Center (CAR 189-282);

3. Medical Records dated March 27, 1997 from Kevin Lawson, M.D. (CAR 283-284);

4. Medical Records covering the period from November 25, 1997 to January 20, 2004 from VA Mathew, CA (CAR 285-543);

5. Medical Records covering the period from March 3, 1998 to July 22, 2003 from W. Howell, O.D. (CAR 544-625);

6. Medical Records covering the period from October 9, 2002 to January 20, 2004 from VA Martinez POC (CAR 626-792);

7. Medical Records dated July 21, 1994 from L. Ross Clark, M.D. (CAR 793-797);

8. Psychiatric Review Technique Form (DDS physician) dated September 10, 2004 (CAR 800-813);

9. Medical Consultant's Review of physical Residual Functional Capacity Assessment dated September 23, 2004 (CAR 816-821);

10. MRI Spine Cervical and Thoracic date October 19, 2004 (CAR 824-826);

11. Listing 1.04 - Spinal Nerve Root Compression Form dated November 1, 2004 by Corsini C. Templado, M.D. (CAR 827-828);

12. Letter dated June 23, 1999 by Corsini C. Templado, M.D. (CAR 829-831);

13. Medical Records covering the period from May 8, 1967 to November 5, 1978 from Veterans Administration ...


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