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Rowens v. Astrue

August 2, 2010

AMY ROWENS, 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 her application for continuing child disability benefits under Title XVI of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment is granted. The Clerk is directed to enter judgment for the plaintiff. BACKGROUND

Plaintiff, born May 6, 1987, received disability benefits until she reached 18 years of age based on borderline intellectual functioning, PTSD, ADHD, depression, severe anxiety, and anti-social behavior. (Tr. at 24, 72.) She was reevaluated and found no longer disabled on October 1, 2005. (Tr. at 73.) The Appeals Council denied plaintiff's request for review. In a decision dated March 24, 2008, ALJ Theodore T. N. Slocum determined plaintiff was no longer disabled. The ALJ made the following findings:*fn1

1. The claimant attained age 18 on May 5, 2005 and was eligible for supplemental security income benefits as a child for the month preceding the month in which she attained age 18. The claimant was notified that she was found no longer disabled as of October 1, 2005, based on a redetermination of disability under the rules for adults who file new applications.

2. Since October 1, 2005, the claimant has had the following severe impairments: anxiety, depression and Borderline Intellectual Functioning (20 CFR 416.920(c)).

3. Since October 1, 2005, the claimant has not had 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, since October 1, 2005, the claimant had the residual functional capacity to perform simple repetitive low stress work at all exertional levels.

5. The Claimant has no past relevant work (20 CFR 416.965).

6. The claimant is a younger individual age 18-44 (20 CFR 416.963).

7. The claimant has a limited education and is able to communicate in English (20 CFR 416.964).

8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).

9. Since October 1, 2005, considering the claimant's age, education, work experience, and residual functional capacity, the claimant was able to perform a significant number of jobs in the national economy (20 CFR 416.960(c) and 416.966).

10. The claimant's disability ended on October 1, 2005, and the claimant has not become disabled again since that date (20 ...


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