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Salisbury v. Astrue

March 30, 2010

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



The opinion of the court was delivered by: Frederick F. Mumm United States Magistrate Judge

MEMORANDUM OPINION; ORDER THEREON

Plaintiff filed a complaint on December 26, 2008, seeking review of the Commissioner's denial of his applications for Supplemental Security Income Benefits and Disability Insurance Benefits. In accordance with the Court's Case Management Order, the parties filed a Joint Stipulation ("JS") on July 27, 2009. Thus, this matter is now ready for decision.

This memorandum opinion shall constitute the Court's findings of fact and conclusions of law.

PROCEDURAL HISTORY

Plaintiff, who was fifty-one years old as of the date of decision, has an Associates degree and past relevant work. (AR 29.) His application alleges an inability to work since November 18, 2002, because of depression, anxiety, lower back pain, left elbow pain and shoulder pain. His application was denied initially and upon reconsideration.

At his request, a hearing was held on March 18, 2008, before an Administrative Law Judge ("ALJ"). On April 22, 2008, the ALJ issued his decision again denying benefits. Plaintiff filed a request for review of the hearing decision, which was denied by the Appeals Council on October 23, 2008.

DISPUTED ISSUES

As reflected in the Joint Stipulation, the disputed issues that plaintiff is raising as the grounds for reversal and or remand are as follows:

1) Whether the ALJ developed the record regarding plaintiff's worker's compensation health records;

2) Whether the ALJ considered the treating psychiatrist's opinion regarding plaintiff's functional limitations;

3) Whether the ALJ considered the treating psychiatrist's opinion;

4) Whether the ALJ posed a complete hypothetical question to the vocational expert; and

5) Whether the ALJ properly determined that plaintiff could perform the jobs of sewing machine operator, electronics ...


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