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Jesse Wade Finkenkeller v. Michael J. Astrue

August 23, 2012

JESSE WADE FINKENKELLER, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Gregory G. Hollows 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 that follow, Plaintiff's Motion for Summary Judgment is granted in part, the Commissioner's Motion for Summary Judgment is denied, and this matter is remanded to the ALJ for further findings as directed in this opinion. The Clerk is directed to enter judgment for plaintiff.

BACKGROUND

Plaintiff, born June 4, 1956, applied on January 30, 2007 for disability benefits. (Tr. at 70, 125-26.) Plaintiff alleged he was unable to work since November 15, 2004, due to obesity, chronic ischemic heart disease with or without angina, bilateral carpal tunnel syndrome, and neck pains. (Id. at 70, 125, 160.) In a decision dated April 23, 2010, ALJ L. Kalei Fong determined plaintiff was not disabled. The ALJ made the following findings:*fn1

1. The claimant has not engaged in substantial gainful activity since January 30, 2007, the application date (20 CFR 416.971 et seq.).

2. The claimant has the following severe impairments: coronary artery disease, status post angioplasty; bilateral carpal tunnel syndrome, cervical radiculopathy; hyperlipidemia; obesity; and hypertension (20 CFR 416.920(c)).

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 (20 CFR 416.920(d), 416.925 and 416.926).

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b) except: he can lift and/or carry 20 pounds occasionally and 10 pounds frequently; he can stand and/or walk for 6 hours of an 8-hour workday; he can sit for 6 hours of an 8-hour workday; he can frequently reach; and he can frequently perform fine and gross manipulations.

5. The claimant has no past relevant work (20 CFR 416.965).

6. The claimant was born on June 4, 1956 and is 53 years old, which is defined as an individual closely approaching advanced age, on the date the application was filed (20 CFR 416.963).

7. The claimant has at least a high school education and is able to communicate in English (20 CFR 416.964).

8. Transferability of job skills is not an issue because the claimant does not have past relevant work (20 CFR 416.968).

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 (20 CFR 416.969 and 416.969(a)).

10. The claimant has not been under a disability, as defined in the Social Security Act, since January 30, 2007, the date the ...


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