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Tina Marie Jannicelli v. Michael J. Astrue

May 15, 2013

TINA MARIE JANNICELLI, 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 an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). In her motion for remand, plaintiff principally contends that the Administrative Law Judge ("ALJ") erred in his assessment and evaluation of the record. For the reasons discussed below, the court will grant plaintiff's motion for remand, deny the Commissioner's cross-motion for summary judgment, and remand this matter under sentence four of 42 U.S.C. § 405(g). /////

BACKGROUND

Plaintiff, born on October 26, 1966, applied for SSI benefits on July 31, 2008, alleging disability beginning on May 15, 2007.*fn1 Administrative Transcript ("AT") 22, 132-38. Plaintiff alleged she was unable to work due to fibromyalgia, scoliosis, migraine headaches, mental impairments, knee and neck problems, and general pain. AT 164. In a decision dated July 22, 2010, the ALJ determined that plaintiff was not disabled.*fn2 AT 22-30. The ALJ made the following findings (citations to 20 C.F.R. omitted):

1. The claimant has not engaged in substantial gainful activity since July 31, 2008, the application date.

2. The claimant has the following severe impairments: fibromyalgia syndrome and pain disorder.

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 medium work as defined in [the regulations] except she cannot climb ladders, ropes, or scaffolds, should avoid work around heights or hazardous machinery, and can perform simple, unskilled work.

5. The claimant has no past relevant work. 6. The claimant was born on October 26, 1966 and was 41 years old, which is defined as a "younger individual age 18-49," on the date the application was filed.

7. The claimant has at least a high school education and is able to communicate in English.

8. Transferability of job 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 July 31, 2008, the ...


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