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Darron Kain v. Michael J. Astrue

July 31, 2012

DARRON KAIN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). 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.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff was born July 25, 1969 and applied on April 30, 2008 for Supplemental Security Income disability benefits under Title XVI of the Social Security Act. (Tr. at 133.) Plaintiff alleged that he was unable to work due to mental health disorder, depression, and low back pain. (Tr. at 147.) ALJ Daniel G. Heely determined in his March 31, 2010 opinion that plaintiff was not disabled.*fn1 (Tr. at 12-18.) The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant has not engaged in substantial gainful activity since April 30, 2008, the application date.

2. The claimant has the following severe impairments: psychotic disorder; depressive disorder; and low back pain.

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.

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a wide range of medium work as defined in 20 CFR 416.967(c). He is limited to lifting or carrying 50 pounds occasionally and 25 pounds frequently; standing or walking 6 hours in an 8-hour workday; and sitting 6 hours in an 8-hour workday. He is also limited to performing simple, routine tasks and jobs that have occasional public contact.

5. The claimant has no past relevant work.

6. The claimant was born on July 25, 1969 and was 38 years old, which is defined as a younger individual age 18-49, on the date the application was filed.

7. The claimant has a limited education and is able to communicate in English.

8. Transferability of jobs skills is not an issue because the claimant does not have past relevant work.

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.

10. The claimant has not been under a disability, as defined in the Social Security Act, since April 30, 2008, the ...


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