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Stahovich v. Astrue

524 F. Supp. 2d 95 (2007)

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Stahovich v. Astrue

United States District Court for the District of Massachusetts

524 F. Supp. 2d 95 (2007)

Facts

Stahovich (plaintiff) applied for Social Security disability benefits and supplemental security income, claiming he had been disabled since February 1, 2000, due to two ruptured discs and depression. Before becoming disabled, Stahovich had obtained an associate degree and worked as a dishwasher, utility worker, residential counselor, wastewater operator, retail clerk, landscaper, and gas-station attendant. However, Stahovich did not list gas-station attendant in his job history. Stahovich testified he worked the job for a couple of months a couple of different times, pumping gas and shuttling cash to and from the customer and the cashier. Stahovich did not testify when he worked the job. The Commissioner of the Social Security Administration, Michael Astrue (defendant), denied Stahovich’s applications based on an administrative-law judge’s (ALJ) first conclusion that Stahovich was not disabled. Stahovich sought judicial review of that denial, and the ALJ’s first decision was remanded so that the ALJ could reassess Stahovich’s residual functional capacity and to obtain supplemental evidence from a vocational expert regarding the type of work Stahovich could perform given his impairments. Upon remand, the ALJ reached a conclusion that Stahovich was not disabled because he could perform his prior work as a gas-station attendant. The ALJ’s second decision became the commissioner’s final decision. Stahovich sought judicial review of the ALJ’s second decision.

Rule of Law

Issue

Holding and Reasoning (Neiman, J.)

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