Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

James R. Avilez v. Carolyn W. Colvin

April 15, 2013

JAMES R. AVILEZ, PLAINTIFF,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT.



The opinion of the court was delivered by: Sheri Pym United States Magistrate Judge

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

On May 4, 2012, plaintiff James R. Avilez filed a complaint against defendant, the Commissioner of the Social Security Administration ("Commissioner"), seeking a review of a denial of supplemental security income ("SSI"). Both plaintiff and defendant have consented to proceed for all purposes before the assigned Magistrate Judge pursuant to 28 U.S.C. § 636(c). The court deems the matter suitable for adjudication without oral argument.

Plaintiff presents one issue for decision: whether the Administrative Law Judge ("ALJ") properly discounted plaintiff's subjective complaints. Joint Stipulation ("JS") at 4-21.

Having carefully studied, inter alia, the parties's moving papers, the Administrative Record ("AR"), and the decision of the ALJ, the court concludes that, as detailed herein, the ALJ properly discounted plaintiff's credibility. Consequently, this court affirms the decision of the Commissioner denying benefits.

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff, who was forty-two years old on the date of his March 19, 2010 administrative hearing, has an eleventh grade education. AR at 28, 44, 129. Plaintiff has past relevant work experience as a construction worker. Id. at 28, 132.

On October 8, 2008, plaintiff filed an application for SSI, alleging that he has been disabled since November 1, 2007, due to pain in the right knee, right arm, and fractured elbow. Id. at 120, 125. The Commissioner denied plaintiff's application initially and upon reconsideration, after which he filed a request for a hearing. Id. at 20, 71-81, 84-86.

On March 19, 2010, plaintiff, represented by counsel, appeared and testified at a hearing before the ALJ. Id. at 35-66. On October 18, 2010, the ALJ denied plaintiff's claim for benefits. Id. at 17-30.

Applying the well-known five-step sequential evaluation process, the ALJ found, at step one, that plaintiff had not engaged in substantial gainful activity since October 8, 2008, the application date. Id. at 23.

At step two, the ALJ found that plaintiff suffered from the following severe combination of impairments: obesity; degenerative lateral meniscus of the right knee with chondromalacia; status post femoral condyle arthroplasty; gout with symptoms of swollen right elbow and left knee; and degenerative disc disease of the lumbar spine with spinal stenosis and disc bulge. Id. The ALJ ruled out depression. Id.

At step three, the ALJ found that plaintiff's impairments, whether individually or in combination, did not meet or medically equal one of the listed impairments set forth in 20 C.F.R. part 404, Subpart P, Appendix 1 (the "Listings"). Id. at 23-24.

The ALJ then assessed plaintiff's residual functional capacity ("RFC") and *fn1 determined that he had the RFC to perform light work, with the limitations that plaintiff can: lift up to twenty-five pounds occasionally and ten pounds frequently; stand and walk, with normal breaks, for up to six hours, cumulatively, and sit, with normal breaks, for up to six hours, cumulatively, in an eight-hour workday; occasionally bend, stoop, kneel, crawl, and climb, but never use ladders, ropes, or scaffolds. Id. at 24-28.

The ALJ found, at step four, that plaintiff was unable to perform his past relevant work as a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.