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Tsegabu Bekele Hailu v. Michael J. Astrue

April 30, 2012

TSEGABU BEKELE HAILU, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: VICTOR B. Kenton United States Magistrate Judge

MEMORANDUM OPINION AND ORDER (Social Security Case)

This matter is before the Court for review of the decision by the Commissioner of Social Security denying Plaintiff's application for disability benefits. Pursuant to 28 U.S.C. §636(c), the parties have consented that the case may be handled by the Magistrate Judge. The action arises under 42 U.S.C. §405(g), which authorizes the Court to enter judgment upon the pleadings and transcript of the Administrative Record ("AR") before the Commissioner. The parties have filed the Joint Stipulation ("JS"), and the Commissioner has filed the certified AR.

Plaintiff raises the following issues:

1. Whether the Administrative Law Judge ("ALJ") gave legally sufficient reasons for rejecting the opinions of Plaintiff's treating physicians;

2. Whether the ALJ gave legally sufficient reasons for rejecting Plaintiff's testimony;

3. Whether the ALJ properly evaluated Plaintiff's diabetes mellitus;

4. Whether the ALJ erred in failing to consider Plaintiff's glaucoma, and also his gout, to be "severe;"

5. Whether the ALJ erred, at Step 5 of the sequential evaluation, in finding that other work exists in the economy in significant numbers that Plaintiff can perform;

6. Whether the ALJ made sufficient findings at Step 3 of the sequential evaluation process; and

7. Whether the ALJ was required to evaluate this claim as a "borderline case."

(JS at 3-4.)

This Memorandum Opinion will constitute the Court's findings of fact and conclusions of law. After reviewing the matter, the Court concludes that for the reasons set forth, the decision of the Commissioner must be reversed and the matter remanded.

I

THE ALJ FAILED TO COMPLY WITH THE ORDER OF REMAND, AND THE ORDER OF APPEALS COUNCIL REMANDING CASE TO ADMINISTRATIVE LAW JUDGE, IN HER EVALUATION OF THE ...


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