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Levi v. Colvin

United States District Court, E.D. California

March 31, 2014

DARREN TYRONE LEVI, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

EDMUND F. BRENNAN, Magistrate Judge.

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. The parties' cross-motions for summary judgment are pending. For the reasons discussed below, the court grants the plaintiff's motion and denies the Commissioner's motion.

I. BACKGROUND

Plaintiff filed an application for SSI on July 30, 2009, alleging that he had been disabled since April 27, 2009. Administrative Record ("AR") 219-224. Plaintiff's application was denied initially on September 18, 2009, and upon reconsideration on December 15, 2009. Id. at 76-80, 87-91. On May 18, 2011, a hearing was held before administrative law judge ("ALJ") Timothy Snelling. Id. at 37-70. Plaintiff was represented by a counsel at the hearing, at which he and a third party testified. Id.

On June 24, 2011, the ALJ issued a decision finding that plaintiff was not disabled under section 1614(a)(3)(A) of the Act.[1] Id. at 21-32. The ALJ made the following specific findings:

1. The claimant has not engaged in substantial gainful activity since July 30, 2009, the application date. (20 CFR 416.971 et seq. ).
2. The claimant has the following medically severe combinations of impairments: hyperkeratotic palms of bilateral hands and plantar surfaces of bilateral feet; learning disorder not otherwise specified; antisocial personality disorder; mixed personality disorder with dependent, compulsive, avoidant and antisocial features; adjustment disorder with depressive and anxious features; borderline intellectual functioning; and a history of cocaine and alcohol use (20 CFR 416.920(c)).
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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, 416.926).
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4. After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 416.967(a) except: sit for 6 hours, stand for 2 hours, and walk for 2 hours of an 8-hour workday; lift and carry 10 pounds occasionally, less than 10 pounds frequently; no more than frequent fine and gross manipulation bilaterally; avoid concentrated exposure to extreme cold; and cannot perform work requiring ability to understand, remember, and carryout complex or detailed job instructions.
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5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on April 18, 1968 and was 41 years old, which is defined as a younger individual age 18-44, on the alleged ...

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