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Benson v. Colvin

United States District Court, Western District of Pennsylvania

November 10, 2014

VALERIE JEANNE BENSON
v.
CAROLYN W. COLVIN

MEMORANDUM OPINION

Frederick Motz United States District Judge

I. Introduction

Plaintiff, Valerie Jeanne Benson ("Plaintiff), brings this action pursuant to 42 U.S.C. § 1383(c)(3) of the Social Security Act (the "Act"), seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income ("SSI"). The Parties have filed cross-motions for summary judgment. For the following reasons. Plaintiffs Motion for Summary Judgment (Docket No. 9) will be GRANTED IN PART AND DENIED IN PART, the Commissioner's Motion for Summary Judgment (Docket No. U) will be DENIED, and the case will be REMANDED to the Commissioner for further proceedings.

II. Procedural History

On April 12, 2011, Plaintiff filed an application for SSI.[1] R. 163-69. The application was denied on July 5, 2011. R. 81-93. Plaintiff filed a timely request for an administrative hearing. R. 106-08. Administrative Law Judge James J. Pileggi ("ALJ") held a hearing on August 30, 2012. R. 24-46. Plaintiff appeared with counsel and testified on her own behalf R. 24-42. An impartial vocational expert ("VE") also testified at the hearing. R. 42-45.

III. statement of the Case

In a decision dated September 10, 2012, the ALJ made the following findings:

1. The claimant has not engaged in substantial gainful activity since April 1, 2011, the alleged onset date (20 CFR 416, 971 et seq.).

2. The claimant has the following severe impairments: major depressive disorder and generalized anxiety disorder (20 CFR 416.920(c)).

3. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: she is limited to the performance of simple, repetitive tasks; routine work processes and settings; no high stress defined as no high quotas or close attention to quality production standards; no interaction with the public; no crowds; and no teamwork.

5. The claimant is unable to perform any past relevant work (20 CFR 416.965).

6. The claimant was born on May 29, 1962 and was 48 years old, which is defined as a younger individual age 18-49, on the date the ...


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