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Brown v. Astrue

United States District Court, S.D. Mississippi.

July 29, 2013

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

Page 560

[Copyrighted Material Omitted]

Page 561

For Herbert Brown, Plaintiff: Ricky Brian Clark, LEAD ATTORNEY, RICK B. CLARK, ATTORNEY, Forest, MS.

For Social Security Administration, Michael J. Astrue, Commissioner, Defendant: David N. Usry, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE - Jackson, Jackson, MS.

OPINION

Page 562

REPORT AND RECOMMENDATION

F. Keith Ball, UNITED STATES MAGISTRATE JUDGE.

Herbert Brown brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision of the Commissioner of the Social Security Administration. Presently before the Court are the parties' dispositive motions. Having considered the motions, the memoranda in support of the motions, and the administrative record, the undersigned recommends that the decision of the Commissioner be affirmed.

I. Procedural History and Administrative Record

Brown filed for a period of disability, disability insurance benefits, and supplemental security income on November 28, 2008, alleging disability due to arthritis. His applications were denied initially and on reconsideration, and he requested and was granted a hearing before an administrative law judge (ALJ). On October 7, 2010, the ALJ issued a decision denying benefits. The Appeals Council denied review, thereby making the decision of the ALJ the final decision of the Commissioner. Brown then brought this appeal pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

Brown was born on March 23, 1966, and was 44 years of age at the time of the

Page 563

ALJ's decision. He was in special education classes in secondary school and dropped out in the 10th grade. He testified that he is unable to read and write, except for his name. His past relevant ...


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