United States District Court, E.D. California
EDMUND F. BRENNAN, District Judge.
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 plaintiff's motion and denies the Commissioner's motion.
Plaintiff protectively filed for a period of disability, DIB, and SSI on November 25, 2008, alleging that he had been disabled since November 10, 2006. Administrative Record ("AR") 136-144. Plaintiff's applications were initially denied on June 19, 2009, and upon reconsideration on August 24, 2009. Id. at 94-97, 100-04. On June 15, 2010, a hearing was held before administrative law judge ("ALJ") Carol Eckersen. Id. at 31-83. Plaintiff was represented by counsel at the hearing, at which he and a Vocational Expert ("VE") testified. Id.
On August 20, 2010, the ALJ issued a decision finding that plaintiff was not disabled under sections 216(i), 223(d), and 1614(a)(3)(A) of the Act. Id. at 11-20. The ALJ made the following specific findings:
1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2007.
2. The claimant has not engaged in substantial gainful activity since November 10, 2006, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq. ).
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3. The claimant has the severe medically determinable impairments of cognitive disorder not otherwise specified (NOS), status-post traumatic brain injury in 2006, and history of marijuana abuse (20 CFR 404.1520(c) and 416.920(c)).
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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 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925, 416.926).
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5. After consideration of the entire record, I find that the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following non-exertional limitations: ...