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Reding v. Astrue

November 9, 2010

APRIL REDING, 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 Disability Insurance Benefits ("DIB") as a Disabled Adult Child under Title II of the Social Security Act ("Act"). For the reasons that follow, plaintiff's Motion for Summary Judgment is GRANTED, the Commissioner's Cross Motion for Summary Judgment is DENIED, and the Clerk is directed to enter judgment for the plaintiff.

BACKGROUND

Prior to the application at issue in this action, plaintiff had filed an application for Supplemental Security Income ("SSI") on March 31, 2004. (Tr. at 67.) On October 28, 2005, plaintiff was found disabled beginning March 12, 2004, after a hearing before an ALJ. (Tr. at 71.)

The instant case concerns a later application for Childhood Disability Benefits based on her deceased father's eligibility. In order to qualify for Childhood Disability Benefits, plaintiff must be found disabled prior to attaining age 22, which in this case was August 7, 2003. Plaintiff's alleged onset date for this application was July 7, 2003. (Id. at 135.) Born August 7, 1981, plaintiff applied on August 24, 2007 for these benefits. (Id. at 109.) Plaintiff alleged she was unable to work due to migraine headaches. (Id.) In a decision dated May 6, 2009, ALJ L. Kalei Fong determined that plaintiff was not disabled at any time prior to August 7, 2003, the date she reached age 22. The ALJ made the following findings:*fn1

1. Born on August 7, 1981, the claimant had not attained age 22 as of August 7, 2003 (20 CFR § 404.102 and 404.350(a)(5)).

2. The claimant has not engaged in substantial gainful activity since August 7, 2003, the date she attained age 22 (20 CFR 404.1571 et seq.).

3. Prior to attaining age 22, the claimant had the following severe impairment: headaches and obesity (20 CFR 404.1520(c)).

4. Prior to attaining age 22, the claimant did not have 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 404.1525 and 404.1526).

5. After careful consideration of the entire record, the undersigned finds that, prior to attaining age 22, the claimant had the residual functional capacity to perform the full range of sedentary to light work as defined in 20 CFR 404.1567(b).

6. The claimant has no past relevant work (20 CFR 404.1565).

7. The claimant was born on August 7, 1981 and was 22 years old, which is defined as a younger individual age 18-49. (20 CFR 404.1563).

8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564).

9. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 404.1568).

10. Prior to attaining age 22, considering claimant's age, education, work experience, and residual functional capacity, there are jobs that existed in significant numbers in the national economy that the claimant could perform (20 CFR 404.1569 and 404.1569a).

11. The claimant has not been under a disability, as defined in the Social Security Act, at any time prior to August 7, 2003, the date she attained age ...


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