Federal Social Security Brief: Appeals Council Disability Denial (Brief 1, p 2)

Disabilities: Arthritis, Diabetes, and Hypertension

Federal Social Security Brief: Appeals Council Disability Denial
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida

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Administrative Proceedings

Plaintiff ("Claimant") filed an application for Disability Insurance Benefits and Supplemental Security Income Benefits on March 30, 2006, with a date of onset of disability of September 15, 2004. The claim was denied initially, on reconsideration, and at the hearing level in a Decision issued by an Administrative Law Judge on October 20, 2007 (T17-23). Claimant appealed that denial to the Appeals Council and on January 25, 2008 the Appeals Council denied request for review, making the ALJ's decision the final decision of the Commissioner (T6-9).

In the Decision, the ALJ found Claimant met the insured status requirements of the Social Security Act through December 31, 2009 (T19, Finding 1); found Claimant had not engaged in substantial gainful activity since September 15, 2004, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq. (T19, Finding 2); found Claimant had "severe" impairments of arthritis, diabetes, and hypertension (20 CFR 404.1520(c) and 416.920(c)); but found she did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1, (20 CFR 404.1520(d) and 404.1525, 404.920(d), 416.925 and 416.926 (T19, Findings 3 and 4).

The ALJ found Claimant had the residual functional capacity to perform the full range of medium work. (T20, Finding 5). He found Claimant to be capable of performing any of his past relevant work as an assistant manager of an auto-parts store. (T22, Finding 6). He found the Claimant not to be under a disability as defined in the Social Security Act from September 15, 2004 through the date of the decision (20 CFR 404.1520(f) and 416.920(f) (T22, Finding 7).

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