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Michael Buchert v. Michael J. Astrue

March 30, 2012

MICHAEL BUCHERT, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

MEMORANDUM OPINION

I. INTRODUCTION

Michael Buchert ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g), seeking review of the final determination of the Commissioner of Social Security ("Defendant" or "Commissioner") denying his application for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401 -- 433, 1381 -- 1383f ("Act"). This matter comes before the court upon cross-motions for summary judgment. (ECF Nos. 7, 9). The record has been developed at the administrative level. For the following reasons, Plaintiff's Motion for Summary Judgment will be DENIED, and Defendant's Motion for Summary Judgment will be GRANTED.

II. PROCEDURAL HISTORY

Plaintiff filed for DIB and SSI with the Social Security Administration on June 17, 2008, claiming an inability to work due to disability beginning May 10, 2006. (R. at 137 -- 152)*fn1 . Plaintiff was initially denied benefits on November 5, 2008. (R. at 70 -- 79). A hearing was scheduled for April 14, 2010, and Plaintiff appeared to testify represented by counsel. (R. at 22 -- 48). A vocational expert also testified. (R. at 22 -- 48). The Administrative Law Judge ("ALJ") issued his decision denying benefits to Plaintiff on July 8, 2010. (R. at 8 -- 21). Plaintiff filed a request for review of the ALJ's decision by the Appeals Council, which request was denied on July 26, 2011, thereby making the decision of the ALJ the final decision of the Commissioner. (R. at 1 -- 5).

Plaintiff filed his Complaint in this Court on October 3, 2011. (ECF No. 3). Defendant filed his Answer on December 29, 2011. (ECF No. 4). Cross-motions for summary judgment followed.

III. STATEMENT OF THE CASE

In his decision denying DIB and SSI to Plaintiff, the ALJ made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through September 30, 2011;

2. The claimant has not engaged in substantial gainful activity since May 19, 2006, the alleged onset date;

3. The claimant has the following severe impairments: status post right hip fracture, status post elbow fracture, and high blood pressure;

4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Pt. 404, Subpt. P, App'x 1;

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform the full range of light work as defined in 20 C.F.R. 404.1567(b) and 416.967(b) except the ...


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