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Kenneth Thomas v. Michael J. Astrue

August 21, 2012

KENNETH THOMAS, 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 record before the Commissioner. The parties have filed the Joint Stipulation ("JS"), and the Commissioner has filed the certified Administrative Record ("AR").

Plaintiff raises the following issues:

1. Whether the Administrative Law Judge ("ALJ") properly considered all of Plaintiff's severe impairments;

2. Whether the ALJ properly considered the findings from the psychological consultative examiner;

3. Whether the ALJ provided a complete and proper assessment of Plaintiff's residual functional capacity;

4. Whether the ALJ posed a complete hypothetical question to the vocational expert;

5. Whether there is a Dictionary of Occupational Titles ("DOT") inconsistency in the ALJ's holding that the Plaintiff can perform the jobs [identified at Step Five] such as general laborer, cleaner, and machine feeder;

6. Whether the ALJ properly developed the record regarding Plaintiff's treating source records;

7. Whether the ALJ properly considered the lay witness testimony;

8. Whether the ALJ properly considered Plaintiff's testimony and made proper credibility findings.

(JS at 2-3.)

This Memorandum Opinion will constitute the Court's findings of fact and conclusions of law. After reviewing the matter, the Court concludes that the ...


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