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Hill v. Astrue

October 21, 2009

KEVIN HILL, 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"). 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 February 4, 1961, applied on August 10, 2005 for disability benefits. (Tr. at 58.) Plaintiff alleged he was unable to work due to heart attack, heart problems, high blood pressure, high cholesterol, asthma, and back problems. (Tr. at 64.)

In a decision dated December 19, 2007, ALJ Plauche Villere Jr. determined plaintiff was not disabled. The ALJ made the following findings:*fn1

1. The claimant has not engaged in substantial gainful activity since August 10, 2005, the application date (20 CFR 416.920(b) and 416.971 et seq.).

2. The claimant has the following severe impairments: coronary artery disease, status post myocardial infarction and surgical revascularization, a history of asthma, a history of left carpal tunnel syndrome, and obesity. (20 CFR 416.920(c)). These findings are supported by the treating source records and the findings of the consultative internal medicine specialists.

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), 416.925 and 416.926).

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work, which includes the ability to stand, walk and sit for at least six hours in an eight-hour period with regular break opportunities, and to lift twenty pounds occasionally and ten pounds frequently. He is limited to occasional climbing of ramps/stairs, ladders/ropes/scaffolds, balancing, stooping, kneeling, crouching, and crawling. The claimant should avoid excessive exposure to fumes, odors, dusts, gases and poor ventilation.

5. The claimant is unable to perform any past relevant work (20 CFR 416.965).

6. The claimant was born on February 4, 1961 and was 44 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 CFR 416.963).

7. The claimant has a high school equivalent (GED) education and is able to communicate in English (20 CFR 416.964). (Exhibit 1E/6).

8. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the claimant is "not disabled," whether or not the claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).

9. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the ...


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