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Alasmar v. Commissioner of Social Security
United States District Court, W.D. Kentucky, Louisville Division
March 26, 2018
CHRISSY C. ALASMAR, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
MEMORANDUM OPINION AND ORDER
Lindsay, United States Magistrate Judge.
Chrissy Alasmar (“Alasmar”) appeals the
Commissioner's denying her application for supplemental
security income (“SSI”) benefits. (DN 14-2, #55.)
On December 2, 2016, Alasmar consented to the
undersigned's jurisdiction. (DN 16.) For the reasons
stated below, the Court REVERSES the
Commissioner's decision and REMANDS the
case to the Commissioner for further adjudication.
Statement of Facts
September 30, 2014, Alasmar filed an application for SSI. (DN
14-3, #144.) The Commissioner denied her initial application
and again upon reconsideration. (Id. at 143.)
Alasmar then appeared for a hearing before an Administrative
Law Judge (“ALJ”), who later issued an opinion
denying Alasmar's claim. (DN 14-2, #70.) In his written
opinion, the ALJ made the following findings:
1. The claimant has not engaged in substantial gainful
activity since September 30, 2014, the application date (20
CFR 416.971 et seq.).
2. The claimant has the following severe impairment:
degenerative disc disease (20 CFR 416.920(c)).
3. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
Appendix 1(20 CFR 416.920(d), 416.925 and 416.926).
4. The claimant has the residual functional capacity to
perform light work as defined in 20 CFR 416.967(b) except the
claimant is unable to climb ladders, ropes or scaffolds. The
claimant is limited to frequently climbing ramps and stairs.
The claimant is able to stoop and crouch occasionally. The
claimant is able to crouch and crawl frequently. The claimant
should avoid dangerous machinery and unprotected heights. The
claimant should not engage in repetitive cervical neck
rotation to the right, and can rotate her neck to the right
on a frequent basis.
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was horn on January 24, 1963 and was 51years
old, which is defined as a younger individual age 18-49, on
the date the application was filed. The claimant subsequently
changed age category to closely approaching advanced age (20
7. The claimant has a limited education and is able to
communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue because the
claimant does not have past relevant work (20 CFR 416.968).
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 (20 CFR 416.969 and
10. The claimant has not been under a disability, as defined
in the Social Security Act, since September 30, 2014, the
date the ...
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