-TCB Windsor v. Astrue, No. 1:2010cv00635 - Document 17 (E.D. Va. 2010)
Court Description: MEMORANDUM OPINION re 12 MOTION for Summary Judgment by Dorothy Windsor and 14 MOTION for Summary Judgment by Michael J. Astrue. Signed by District Judge Anthony J Trenga on 12/21/2010. (tche)
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-TCB Windsor v. Astrue Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division DOROTHY WINDSOR ) Plaintiff, No. l:10-cv-635(AJT/TCB) MICHAEL J. ASTRUE, Commissioner, Social Security Administration Defendant. MEMORANDUM OPINION Pursuant to 42 U.S.C. § 405(g), Dorothy Windsor ("plaintiff") seeks judicial review of the final decision of the defendant. Commissioner of the Social Security Administration ("Commissioner" or "defendant") denying plaintiffs claim for disability insurance benefits ("DIB") under Title II of the Social Security Act ("SSA" or "the Act"), 42 U.S.C. §§ 401-433. The record has been filed and the case is now before the Court on cross-motions for summary judgment (Doc. No. 12 and 14). The dispositive issue is whether the Commissioner's decision is supported by substantial evidence. In her Motion for Summary Judgment, plaintiff contends that the Commissioner's decision is not supported by substantial evidence and should therefore be reversed because: (1) the determinations of the administrative lawjudge ("ALJ") fail to specify a particular degree of hand usage impairment to support his determination that the plaintiff has residual functional capacity to perform her past relevant work; (2) the ALJ and the Appeals Council failed to give appropriate weight to the treating physician's opinion and applied an incorrect legal standard; and (3) the AIJ determined that the Plaintiff was "not Dockets.Justia.com
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