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LEE v. SHALALA

December 27, 1994

JACOB LEE, Plaintiff, against DONNA E. SHALALA, SECRETARY OF HEALTH & HUMAN SERVICES, Defendant.


The opinion of the court was delivered by: EUGENE H. NICKERSON

 NICKERSON, District Judge:

 Plaintiff brought this action to review a final determination of defendant Secretary of Health and Human Services (the "Secretary") denying plaintiff's claim for disability insurance benefits and Supplemental Security Income benefits under the Social Security Act (the "Act"). The Secretary moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).

 I

 Plaintiff, born on May 29, 1943, has an eighth grade education and a performance scale IQ of 75. He worked as a stock clerk from 1971 until 1983 and as a dietary aide from 1984 until April 20, 1988, and participated in a sheltered rehabilitative training workshop from June 1991 until February 1992.

 Plaintiff says that he has been disabled since April 20, 1988. Various physicians have diagnosed him as having several physically disabling conditions, including asthma, diabetes, glaucoma, and a herniated disc.

 The Social Security Administration denied plaintiff's October 11, 1991 application for benefits both initially and upon reconsideration. After a hearing on February 19, 1993 an Administrative Law Judge ("the ALJ") found him not disabled. The ALJ made the following formal findings:

 
(1) Plaintiff met the Act's disability insured status requirements from April 20, 1988 to at least April 26, 1993.
 
(2) He stopped working in April 1988 but began working in a sheltered workshop in 1991.
 
(3) The medical evidence establishes that he does not have an impairment or combination of impairments equal to one listed in the regulations.
 
(5) His residual functional capacity for the full range of sedentary work is reduced by his inability to work in a dusty environment.
 
 
(6) He is unable to perform his past relevant work as a dietary aide and a stock clerk.
 
(7) He has a limited education, and has no acquired work skills that are transferable to the skilled or semiskilled work functions of other work.
 
(8) Based on his age, education, work experience, and capacity for sedentary work, Rule 201.18 would direct a ...

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