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Kevin Glenn Woods v. Michael J. Astrue

March 7, 2012

KEVIN GLENN WOODS, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



FINDINGS AND RECOMMENDATIONS

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his applications for a period of Social Security Disability Insurance Benefits ("DIB") and for Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. The parties' have filed cross-motions for summary judgment. For the reasons discussed below, the court recommends that plaintiff's motion be granted and that the case be remanded for payment of benefits.

I. BACKGROUND

Plaintiff formally applied for DIB and SSI on November 8, 2006, alleging an onset of disability as of July 31, 2005. AR 8. Plaintiff's applications were denied initially and on reconsideration. Id. On March 24, 2008, a hearing was held before ALJ Daniel J. Heely. Id.

Plaintiff was represented by counsel and testified at the hearing. Id. Vocational expert George

A. Meyers also testified at the hearing. Id.

The ALJ's July 9, 2008 decision found that plaintiff had not been disabled at any relevant time.*fn1 Id. at 8-21. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2010.

2. The claimant has not engaged in substantial gainful activity since July 31, 2005, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.). ...

3. The claimant has the following severe impairments: depression and hepatitis C (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, 416.1920(d), 416.926).

5. After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) except he limited [sic] to the performance of simple, routine tasks with occasional public contact, can occasionally climb ramps or stairs but never ladders, ramps or scaffolds, and occasionally balance, stoop, stoop, [sic] kneel, crouch or crawl, but can never work around moving machinery or unprotected heights. ...

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965). ...

7. The claimant was born on January 21, 1965 and was 40 years old, which is denied as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has at least a high school education*fn2 and is able to communicate in English (20 ...

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