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FEDERAL REMAND: ALJ Failed to Allow Testamony by the Plainitts Mother (Federal Case 2, p. 1)

Disabilities: History of traumatic closed head injury with short-term memory loss and history of right shulder injury with decreased range of motion in right shoulder and right elbow 

Report & Recommendation on Plaintiff's Motion for Summary Judgement 
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida

Report & Recommendation

THIS CAUSE comes before this Court upon the above Motion. Having reviewed the Motion, Response, and administrative record, and having held a hearing thereon on April 7, 2009, this Court finds as follows:

Background

1. The Plaintiff applied for disability insurance benefits under Title II of the Social Security Act in March 2005. Her application was denied initially and after reconsideration, and in September 2006, following a hearing, an Administrative Law Judge ("ALJ") rendered a decision finding the Plaintiff not disabled under the terms of the Act. The Appeals Council denied the Plaintiff's Request for Review on November 15, 2007, there by leaving the ALJ's decision final and subject to judicial review.

2. The Plaintiff claims disability due to the residuals of a severe 1976 car accident, namely, injuries to her right shoulder and head. As a result she has had poor use of her right arm (she is right-hand dominant) and poor short-term memory. The impairments have progressively worsened. The Plaintiff claims an amended onset date of August 9, 2005, coinciding with the end of her unemployment benefits.

3. At the time of the hearing, held August 2006, the Plaintiff was 53 years old. She has a high school education, and in 1980 she attended a legal secretary/computer program although it is unclear whether she successfully completed it. At the hearing, she recalled her work history: From 1986 until 1994 she worked at a travel agency where her mother, who also worked there, assisted her. (At the hearing she said she had worked there only for a few months.) She was fired soon after her mother retired. Beginning in 1998 she worked as a fabric trimmer, also under benevolent circumstances - the manager helped her keep track of her tasks. She stated that she was fired at the end of January 2005. (She told the consultative examiner, Dr. Brooks, that she had quit because of shoulder pain.) She also claims to have been fired from other, unidentified jobs because of memory difficulties and shoulder pain.

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