United States District Court, E.D. California
PETER J. SKINNER WARD, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his applications for Child Insurance Benefits ("CIB") under Title II 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, denies defendant's motion, and remands the matter for further proceedings.
Plaintiff protectively filed an application for CIB on July 21, 2009, alleging he has been disabled since December 11, 1990. Administrative Record ("AR") 71-72, 131-132. His application was denied initially and upon reconsideration. Id. at 73-76, 81-85. On October 13, 2011, a hearing was held before administrative law judge ("ALJ") Mark Ramsey. Id. at 37-70. Plaintiff was represented by counsel at the hearing, at which plaintiff, a third-party witness, and a vocational expert testified. Id.
The ALJ issued a decision finding that plaintiff was not disabled under section 223(d). Id. at 12-24. The ALJ made the following specific findings:
1. Born on December 11, 1990, the claimant had not attained age 22 as of December 11, 1990, the alleged onset date (20 CFR 404.102 and 404.350(a)(5)).
2. The claimant has not engaged in substantial gainful activity since December 11, 1990, the alleged onset date (20 CFR 404.1571 et seq. ).
3. The claimant has the following severe impairments: chest wall pain, neck pain, anxiety disorder with social phobia and cognitive disorder not otherwise specified (20 CFR 404.1520(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 and 404.1526).
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5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except for the following limitations: the claimant is unable to bend. He is limited to simple unskilled work, and is unable to have frequent contact with co-workers and/or public.
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6. The claimant has no past relevant work (20 ...