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Jacoby v. Colvin

United States District Court, D. Oregon, Portland Division

December 5, 2014

YVETTE URSULA JACOBY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

For Yvette U Jacoby, Plaintiff: Karl E. Osterhout, LEAD ATTORNEY, PRO HAC VICE, Osterhout Disability Law, LLC, Oakmont, PA; Richard F. McGinty, LEAD ATTORNEY, McGinty & Belcher, PC, Salem, OR.

For Commissioner Social Security Administration, Defendant: Adrian L. Brown, LEAD ATTORNEY, U.S. Attorney's Office, District of Oregon, Portland, OR; Ronald K. Silver, United States Attorneys Office, Portland, OR; Sarah L. Martin, Social Security Administration, Office of the General Counsel, Seattle, WA.

Page 1155

OPINION AND ORDER

JAMES A. REDDEN, United States District Judge.

Plaintiff Yvette Ursula Jacoby brings this action to obtain judicial review of a final decision of the Commissioner of the Social Security Administration (" Commissioner" ) denying her claim for Disability Insurance Benefits. For the reasons set forth below, the decision of the Commissioner is reversed and this matter is remanded for the calculation and payment of benefits.

BACKGROUND

Jacoby filed her application in December 2009, alleging disability since June 15, 2004, due to " diabetes, colitis, depression, migraines, blind left eye, right rotator cuff

Page 1156

injury, right tennis elbow, neuropathy both hands, thyroid." Tr. 171. Born in 1966, Jacoby was 43 years old on her date last insured. Her application was denied initially and upon reconsideration. A hearing was held on November 23, 2011. Tr. 31-85. The Administrative Law Judge (" ALJ" ) found her not disabled. Jacoby's request for review was denied, making the ALJ's decision the final decision of the Commissioner.

ALJ's DECISION

The ALJ found Jacoby had the medically determinable severe impairments of diabetes type I, blind in the left eye, right shoulder rotator cuff syndrome with adhesive capsulitis. Tr. 14. The ALJ determined Plaintiff met the insured status requirements of the Social Security Act through December 31, 2009. Id.

The ALJ found that Jacoby's impairments did not meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, App. 1. Tr. 17.

The ALJ determined that Jacoby retained the residual functional capacity (" RFC" ) to perform a limited range of light work and is able to lift and/or carry 20 pounds occasionally and 10 pounds frequently, sit for six hours and stand and/or walk for two hours in an eight hour day. Tr. 18. The ALJ found Jacoby is limited to no pulling and occasional overhead reaching with her right upper extremity. Tr. 18. The ALJ found Jacoby could climb no ladders, and was limited to occasional crouching, stooping, kneeling, crawling and climbing ramps and stairs. She could do no work requiring binocular vision or depth perception. She must avoid hazardous machinery and extreme vibration. Id.

At step five, the ALJ found Jacoby was unable to perform her past relevant work as a sales clerk or teachers aide, but was capable of performing other work that exists in significant numbers in the ...


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