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Johnson v. Astrue

May 24, 2010

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



ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her 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 Cross Motion for Summary Judgment is GRANTED, and the Clerk is directed to enter judgment for the Commissioner.

BACKGROUND

Plaintiff, born February 4, 1958, applied on January 26, 2005 for disability benefits. (Tr. at 102, 12.) Plaintiff alleged she was unable to work due to asthma, sleepwalking, and hearing voices. (Tr. at 118.)

In a decision dated February 27, 2008, ALJ Christopher Larsen determined plaintiff was not disabled. The ALJ made the following findings:*fn1

1. Ms. Johnson has not engaged in substantial gainful activity since January 26, 2005, the application date (20 CFR 416.920(b) and 416.971 et seq.)

2. Ms. Johnson has the following severe impairments: asthma, chronic obstructive pulmonary disease, depressive disorder with psychotic features, and cocaine abuse in remission (20 CFR 416.920(c)).

3. Ms. Johnson has no 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, I find Ms. Johnson has the residual functional capacity to work at all exertional levels, but she must avoid concentrated exposure to fumes, dusts, odors, gases and poor ventilation. She can understand, remember, and carry out simple one or two-step instructions.

5. Ms. Johnson has no past relevant work (20 CFR 416.965).

6. Ms. Johnson was born on February 4, 1958, and was almost 47 years old, and therefore a "younger individual age 45-49" under Social Security regulations, on the date the application was filed (20 CFR 416.963).

7. Ms. Johnson has a limited education and can communicate in English (20 CFR 416.964).

8. Transferability of job skills is not an issue because Ms. Johnson has no past relevant work (20 CFR 416.968).

9. Ms. Johnson's age, education, work experience, and residual functional capacity allow her to perform jobs that exist in significant numbers in the national economy (20 CFR 416.960(c) and 416.966).

10. Ms. Johnson has not been under a disability, as defined in the Social Security Act, at any time since January 26, 2005, the ...


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