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Lisa Ann Mccann v. Michael J. Astrue

March 30, 2012

LISA ANN MCCANN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her applications for a period of disability and Disability Insurance Benefits ("DIB") and for Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. The parties' cross-motions for summary judgment motions are pending. For the reasons discussed below, the court grants the Commissioner's motion and denies plaintiff's motion.

I. BACKGROUND

Plaintiff formally applied for DIB and SSI on June 21, 2007, alleging a disability onset date of January 29, 2004. AR 8. Plaintiff's applications were denied initially and on reconsideration. Id. On March 24, 2008, a hearing was held before ALJ Michael Seng. Id.

Plaintiff, who was represented by attorney Ilija Cvetich, testified at the hearing. Id.

The ALJ's February 24, 2010 decision found that plaintiff had not been disabled at any relevant time.*fn1 Id. at 8-15. The ALJ made the following specific findings:

1. The claimant meets the insured status requirements of the Social Security Act through September 30, 2009.

2. The claimant has not engaged in substantial gainful activity since January 29, 2004, her alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.). ...

3. The claimant has the following severe impairments: degenerative disc disease of the lumbar spine (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), 416.926). ...

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform the full range of light work as defined in 20 CFR 404.1567(b) and 416.967(b). ...

6. The claimant is capable of performing her past relevant work as a Front Desk Clerk and Housekeeper. This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity (20 CFR 404.1565 and 416.965). ...

7. Even if the claimant could not perform past relevant work, there are a significant number of unskilled jobs available to someone of her age, education and work experience. See Medical-Vocational Rule 201.21.

8. The claimant has not been under a disability, as defined in the Social Security Act, at any time from January 29, 2004 through the date of this decision (20 CFR 404.1520(f) and 416.920(f)).

Id. at 10-14.

Plaintiff requested that the Appeals Council review the ALJ's decision. On August 17, 2010, the Appeals Council denied review, making the ALJ's decision the final decision of ...


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