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Pearson v. Astrue

July 30, 2010

JIMMY L. PEARSON, 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 applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment or Remand is granted, the Commissioner's Motion for Summary Judgment is denied, and this matter is remanded pursuant to Sentence Four of 42 U.S.C. § 405(g), to the ALJ for further workup as directed in this opinion. The Clerk is directed to enter judgment for plaintiff.

BACKGROUND

Plaintiff, born September 13, 1955, applied on September 6, 2005 for disability benefits. (Tr. at 63.) Plaintiff alleged he was unable to work due to carpal tunnel syndrome, left hip/femur fracture, degenerative disc disease of the lower back, chronic Hepatitis C, and affective mood disorder. (Tr. at 21, 69, 408.)

In a decision dated June 14, 2007, ALJ Stanley R. Hogg determined plaintiff was not disabled. The ALJ made the following findings:*fn1

1. The claimant meets the non-disability requirements for a period of disability and Disability Insurance Benefits set forth in Section 216(i) of the Social Security Act and is insured for Title II benefits through the date of this decision.

2. The claimant engaged in substantial gainful activity until September 1, 2002.

3. The claimant's severe back pain due to degenerative disc disease of the lumbar spine; a history of left hip/femur fracture, status post open reduction and internal fixation in August 2005; a history of right fifth metacarpal fracture; a history of left first metacarpal fracture; and chronic hepatitis C, are considered "severe based on the requirements in the Regulations 20 CFR §§ 404.1520(c) and 416.920(b).

4. These medically determinable impairments do not meet or medically equal on of the listed impairments in Appendix 1, Subpart P, Regulation No. 4.

5. The undersigned finds the claimant's allegations regarding his limitations are not totally credible for the reasons set forth in the body of the decision.

6. The claimant has the retained residual functional capacity to perform a full range of light work activity on a sustained basis. Light work 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 20 pounds occasionally and ten pounds frequently. (Social Security Ruling 83-10).

7. The claimant is unable to perform any of his past relevant work (20 CFR §§ 404.1565 and 416.965).

8. The claimant is an individual who is closely approaching advanced age (20 CFR ...


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