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Andre Sanchez v. Carolyn W. Colvin

April 8, 2013

ANDRE SANCHEZ, PLAINTIFF,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Allison Claire United States Magistrate Judge

ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his 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 are pending. For the reasons discussed below, the court grants the Commissioner's motion and denies plaintiff's motion.

I. BACKGROUND

Plaintiff applied for a period of disability, DIB and SSI on January 31, 2008, alleging disability beginning April 30, 2006. Administrative Record ("AR") 149, 158. Plaintiff's applications were initially denied on May 5, 2008, and upon reconsideration on September 12, 2008. AR 57-66, 69-78. On February 18, 2010, a hearing was held before administrative law judge (the "ALJ") Brenton Rogozen. AR 34-52. Plaintiff was represented by counsel at the hearing, at which he and a vocational expert ("VE") testified. Id. In a decision dated April 7, 2010, the ALJ determined that plaintiff was not disabled under sections 216(i), 223(d) and 1614(a)(3)(A) of the Act.*fn1 AR 21-29. The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant meets the insured status requirements of the Social Security Act through June 30, 2007.

2. The claimant has not engaged in substantial gainful activity since April 30, 2006, the alleged onset date.

3. The claimant has the following severe impairments: Status Post Open Reduction Internal Fixation of the Right Ankle, Status Post Left Knee Surgery, Status Post Left Shoulder Dislocation Reconstruction.

... 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.

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform sedentary work in that the claimant would not be able to stand or walk for more than 2 hours in an 8 hour workday; and lift and carry no more than 10 pounds with the left arm and 20 pounds with the right. Additionally, the claimant would be restricted from any overhead work with the non-dominate [sic] left arm.

6. The claimant does not have any past relevant work.

7. The claimant was born [in] 1979 and was 26 years old, which is defined as a younger individual age 18-44, on the alleged disability onset date.

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

9. Transferability of job skills is not an issue in this case because the claimant's past relevant work is unskilled.

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the ...


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