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Charles C. Kaufmann v. Commissioner of Social Security

September 15, 2011

CHARLES C. KAUFMANN, 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. 18) and defendant's cross-motion for summary judgment (Doc. 19). For the reasons discussed below, the court will deny plaintiff's motion for summary judgment or remand and grant the Commissioner's cross-motion for summary judgment.

I. PROCEDURAL HISTORY*fn1

Plaintiff applied for social security benefits protectively on May 31, 2007, alleging an onset*fn2 of disability on May 15, 2007, due to mental impairments. (Certified administrative record ("CAR") 48-52, 64-66, 170-80). Specifically, plaintiff claims disability based on impairments due to Bipolar, ADHD, depression, anxiety, and dyslexia. (CAR 171). Plaintiff's claim was denied initially and upon reconsideration. Plaintiff requested an administrative hearing, which was held on September 22, 2009, before Administrative Law Judge ("ALJ") William C. Thompson Jr. In a December 3, 2009 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 only though June 20, 2006.

2. The claimant has not engaged in substantial gainful activity since May 15, 2007, the alleged onset date (20 CFR 404.1571 et seq.) and 416.971 et seq.).

3. The claimant has the following severe impairments: history of attention deficit hyperactivity disorder (ADHD), substance abuse in purported remission, and antisocial personality disorder. (20 CFR 404.1520(c) and 416.920(c)).

4. The claimant does 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 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).

5. After careful consideration of the entire record, I find 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: the claimant is limited to unskilled work with limited contact with co-workers and the public.

6. The claimant has no past relevant work (20 CFR 404.1565 and 416.965).

7. The claimant was born on February 28, 1962 and was 45 years old, which is defined as a "younger individual age 45-49," on the alleged disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has a "marginal" education and is able to communicate in English (20 CFR 404.1564 and 416.964).

9. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 404.1568 and 416.968).

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1569, 404.1569(a), 416.969, and 416.969(a)).

11. The claimant has not been under a disability, as defined in the Social Security Act, from May 15, 2007 through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).

(CAR 8-15). After the Appeals Council declined review on March 5, 2010, ...


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