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Aqil K. Al-Shimary v. Commissioner of Social Security

December 16, 2010

AQIL K. AL-SHIMARY, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Scullin, Senior Judge

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff Aqil K. Al-Shimary brought this action pursuant to the Social Security Act ("the Act"), 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security (the "Commissioner"), denying his applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). Currently before this Court are Plaintiff's and Defendant's cross-motions for judgment on the pleadings or, in the alternative, for summary judgment.

II. BACKGROUND

Plaintiff, then 29, filed applications for SSI and DIB on June 22, 2004. See Administrative Record ("AR") at 58-61, 290-92. In his disability report, Plaintiff cited IGA neuropathy, a type of kidney disorder, as the condition that limited his ability to work. See id. at 81. Plaintiff maintained that he had been unable to work since February 23, 2004. See id. at 90. The Social Security Administration denied Plaintiff's claim on September 23, 2004. See id. at 29. Plaintiff filed a timely request for a hearing on November 15, 2004. See id. at 35. The hearing occurred via videoconference on September 20, 2005, in Syracuse, New York before Administrative Law Judge ("ALJ") Michael J. Brounoff. See id. at 298. Attorney Wayne Chariff represented Plaintiff, who appeared and testified. See id. at 298, 300. Plaintiff's girlfriend, Julie Karl, and a vocational expert (the "VE"), David Sypher, also appeared and testified. See id. at 298, 336, 342.

ALJ Brounoff considered the case de novo and issued a written decision denying Plaintiff's application on December 30, 2005. See AR at 17-25. In his decision, ALJ Brounoff made the following findings:

1) Plaintiff has not engaged in substantial gainful activity since the alleged onset date.

2) Plaintiff has the following severe impairments: IGA neuropathy and high blood pressure.

3) Plaintiff does not have an impairment or combination of impairments that meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1.

4) Plaintiff has the residual functional capacity ("RFC") to lift twenty pounds occasionally and ten pounds frequently, sit for at least six hours of an eight-hour workday, stand or walk for at least two hours of an eight-hour workday, use arm or leg controls to push or pull up to twenty pounds occasionally or ten pounds frequently, and climb stairs slowly.

5) Plaintiff is unable to perform his past relevant work.

6) Plaintiff was born on September 22, 1974, and was twenty-nine on the alleged disability onset date; he meets the definition of a younger individual, which here, is defined as under age fifty.

7) Plaintiff does not have transferable job skills.

8) Based on his RFC, Plaintiff is capable of performing a significant range of light work.

9) Given Plaintiff's age, education, work experience, and RFC, there are jobs that exist in significant numbers in the national economy that Plaintiff can perform.

10) Plaintiff has not been under a "disability" within the Act's definition of that term at any time through December 30, ...


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