Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Herbert Mathis v. Commissioner of Social Security

August 23, 2011

HERBERT MATHIS, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

MEMORANDUM OPINION AND ORDER

Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pursuant to the written consent of all parties, this case is before the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28 U.S.C. § 636(c). Pending before the court are plaintiff's motion for summary judgment (Doc. 12) and defendant's cross-motion for summary judgment (Doc. 17). For the reasons discussed below, the court will grant plaintiff's motion for summary judgment or remand and deny the Commissioner's cross-motion for summary judgment.

I. PROCEDURAL HISTORY*fn1

Plaintiff applied for social security benefits on July 14, 2004 alleging an onset of disability on August 13, 2002 due to physical and mental impairments. (Certified administrative record ("CAR") 87-91, 130, 209-210 .) Specifically, plaintiff claims disability due to post traumatic stress disorder ("PTSD").*fn2 Plaintiff's claim was denied initially and upon reconsideration. Plaintiff requested an administrative hearing, which was held on December 13, 2007, before Administrative Law Judge ("ALJ") Mark C. Ramsey. In a September 18, 2008 decision, the ALJ concluded that plaintiff is not disabled*fn3 based on the following findings:

1. The claimant met the insured status requirements of the Social Security Act though December 31, 2008.

2. The claimant has not engaged in substantial gainful activity since September 1, 2003, his amended alleged onset date of disability.

3. The claimant has the following severe impairment: Post-Traumatic Stress Disorder (PTSD) with a history of substance abuse.

4. The claimant does not have a mental impairment or combination of mental impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following non-exertional limitations: Mentally, he is limited to simple unskilled work without frequent contact with co-workers or the public.

6. The claimant is unable to perform any of his past relevant work.

7. The claimant was born on July 1, 1949 and was 53 years old, which is defined as an individual closely approaching advanced age, on September 1, 2003.

8. The claimant has at least a high school education and is able to communicate in English.

9. Transferability of job skills is not an issue in this case because the claimant's residual functional capacity limits him to simple, unskilled work.

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.