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.

James v. Astrue

June 18, 2009

PHILIP JAMES, 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 plaintiff's application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment or Remand is denied, the Commissioner's Motion for Summary Judgment is granted, and the Clerk is directed to enter judgment for the defendant. BACKGROUND

Plaintiff, born July 30, 1954, applied for disability benefits on February 22, 2005. (Tr. at 54-56.) Plaintiff initially alleged he was unable to work since August 24, 1999, due to a back injury. (Tr. at 42, 54). After his claim was denied, on reconsideration he also sought disability benefits based on right leg pains, headaches and depression. (Tr. At 34).

In a decision dated February 22, 2007, ALJ Sandra K. Rogers determined that plaintiff was not disabled.*fn1 The ALJ made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2010.

2. The claimant has engaged in substantial gainful activity since August 24, 1999, his alleged onset date. However, he has not engaged in substantial gainful activity continuously throughout the period at issue (20 CFR 404.1520(b) and 404.1571 et seq.).

3. The claimant has had the following severe impairments: degenerative disc disease; and a lumbosacral strain syndrome (20 CFR 404.1520(c)).

4. The claimant has not had 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 and 404.1526).

5. After careful consideration of the entire record, the undersigned finds that the claimant has had a residual functional capacity as follows: able to lift 10 pounds frequently and 20 pounds occasionally; able to stand and/or walk six hours in an eight-hour workday; able to sit six hours in an eight-hour workday; unable to climb ladders, ramps and scaffolds; and limited to occasional climbing, stooping, kneeling, crouching, and crawling.

6. The claimant has been unable to perform his past relevant work (20 CFR 404.1565).

7. The claimant is 52 years old, which is defined as an individual closely approaching advanced age (20 CFR 404.1563.)

8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564).

9. The claimant has acquired work skills from past relevant work (20 CFR 404.1568).

10. Considering the claimant's age, education, work experience, and residual functional capacity, the claimant has acquired work skills from past relevant work that are transferable to other occupations with jobs existing in significant numbers in the ...


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.