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Galina Bezinskaya v. Michael J. Astrue

September 19, 2011

GALINA BEZINSKAYA, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI") under Title XVI 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, this matter is remanded to the Commissioner for payment of benefits, and judgment is entered for the plaintiff pursuant to sentence four of 42 U.S.C. § 405(g).

BACKGROUND

Plaintiff, born January 11, 1960, applied on April 23, 2007 for SSI alleging that she became disabled on September 20, 2006 (Tr. at 22, 45, 49, 94.) Plaintiff contended she was unable to work due to lower back pain radiating to her left leg. (Tr. at 24, 258.)

In a decision dated March 25, 2009, Administrative Law Judge ("ALJ") L. Kalei Fong determined plaintiff was not disabled. The ALJ made the following findings:*fn1

1. The claimant has not engaged in substantial gainful activity since April 23, 2007, the SSI application date (20 CFR 416.971 et seq.) (Exhibit 2D).

2. The claimant has the following severe impairment[s]: degenerative disc disease in the lumbar spine, and obesity (20 CFR 416.921 et seq.). 3. 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 416.925 and 416.926).

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work [sic] as defined in 20 CFR 416.967(b). She could lift and carry 50 pounds occasionally and 25 pounds frequently. She could sit for 6 hours, stand and/or walk (with breaks) for 6 hours during an 8-hour workday. She would be unrestricted in performing pushing and/or pulling activities with her upper and lower extremities. She would be able to perform postural activities occasionally. She would have no manipulative, visual, or communicative (except her inability to converse in English) limitations and she would not have any environmental limitations (Exhibit 3F). The undersigned notes that this RFC for medium exertional work allows for the performance of light exertional work.

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

6. The claimant was born on January 11, 1960 and was 47 years old, which is defined as a younger individual age 18-49, on the date the application was filed (20 CFR 416.963).

7. The claimant has at least a high school education and is not 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. 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 416.969 and 416.969a).

10. The claimant has not been under a disability, as defined in the Social Security Act, since April 23, 2007, the date the application ...


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