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Sandoval v. Astrue

May 19, 2009

DAVID SANDOVAL, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



ORDER

This social security action was submitted to the court, without oral argument, for ruling on plaintiff's motion for summary judgment and defendant's cross-motion for summary judgment. For the reasons explained below, the decision of the Commissioner of Social Security (Commissioner) is affirmed.

PROCEDURAL BACKGROUND

On August 16, 2004, plaintiff David Joseph Sandoval, then age 27, applied for Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act (Act). (Transcript (Tr.) at 59.) Plaintiff alleged that he had suffered from anxiety since 1989 but became disabled by his inability to cope with people on August 28, 2003. (Tr. at 60, 66.) The Commissioner denied plaintiff's application initially on February 15, 2005, and upon reconsideration on June 6, 2005. (Tr. at 39-53.) On September 21, 2006, a hearing was held before an administrative law judge (ALJ), at which time plaintiff was represented by counsel. (Tr. at 245-69.)

In a decision issued on February 6, 2007, the ALJ determined that plaintiff was not disabled. (Tr. at 21-33.) The following findings were entered:

1. The claimant has not engaged in substantial gainful activity since August 28, 2003, the alleged onset date (20 CFR 416.920(b) and 416.971 et seq.).

2. The claimant has the following severe impairments: antisocial personality disorder, depressive disorder and borderline intellectual functioning (20 CFR 416.920(c).

3. 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 416.920(d) and 416.925 and 416.926).

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity for work at all exertional levels, reduced by mental limitations that limit the claimant to work involving no more than simple and repetitive instructions and no frequent contact with supervisors, co-workers and/or the public.

5. The claimant has no past relevant work (20 CFR 416.965).

6. The claimant was born on February 17, 1977 and is currently 29 years old, which is defined as a younger individual age 18-44 (20 CFR 416.963).

7. The claimant has a marginal education and is able to communicate in English (20 CFR 416.964).

8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).

9. Based on Social Security Rulings 83-10, 83-14 and 85-15, and the claimant's age, education, work experience, and residual functional capacity as described above, the claimant is able to make a successful adjustment to work that exists in significant numbers in the national economy; a finding of "not disabled" is therefore reached under the framework of Rule 204.00 of the Medical Vocational Guidelines, Appendix [sic] 2, Subpart P, Regulations No. 4 (20 CFR 416.960(c) and 416.966).

10. The claimant has not been under a "disability," as defined in the Social Security Act, since August 16, 2004, the date the ...


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