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Skinner v. Astrue

February 8, 2010

JUSTIN W. SKINNER, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: VICTOR B. Kenton United States Magistrate Judge

MEMORANDUM OPINION AND ORDER (Social Security Case)

This matter is before the Court for review of the decision by the Commissioner of Social Security denying Plaintiff's application for disability benefits. Pursuant to 28 U.S.C. §636(c), the parties have consented that the case may be handled by the Magistrate Judge. The action arises under 42 U.S.C. §405(g), which authorizes the Court to enter judgment upon the pleadings and transcript of the record before the Commissioner. The parties have filed the Joint Stipulation ("JS"), and the Commissioner has filed the certified Administrative Record ("AR").

Plaintiff raises the following issues:

1. Whether the Administrative Law Judge ("ALJ") properly considered the treating psychiatrist's opinion regarding Plaintiff's mood disorder and GAF score of 45-50;

2. Whether the ALJ properly considered the treating psychiatrist's opinion;

3. Whether the ALJ properly considered the State Agency findings;

4. Whether the ALJ properly considered the treating psychiatrist's opinion regarding Plaintiff's schizoaffective disorder and assessed GAF scores of 25 and 50;

5. Whether the ALJ properly considered the treating clinician's opinion;

6. Whether the ALJ properly considered the lay witness statement;

7. Whether the ALJ posed a complete hypothetical question to the vocational expert; and

8. Whether the ALJ properly held that Plaintiff can perform the job of fast food worker.

(JS at 2-3.)

This Memorandum Opinion will constitute the Court's findings of fact and conclusions of law. After reviewing the matter, the Court concludes that the ...


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