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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,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          MEMORANDUM OPINION AND ORDER

          Colin Lindsay, United States Magistrate Judge.

         Plaintiff 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.

         I. Statement of Facts

         On 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 CFR 416.963).
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 416.969(a)).
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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