WWW.ABSTRACT.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Abstract, dissertation, book
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 2 | 3 ||

«UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Wendi Carlson, Civil No. 06-3289 (ADM/SRN) Plaintiff, v. REPORT AND RECOMMENDATION Michael J. ...»

-- [ Page 4 ] --

CASE 0:06-cv-03289-ADM-SRN Document 17 Filed 06/27/07 Page 22 of 23 As previously noted, the VE accounted for Plaintiff’s age in recommending the jobs of gate guard, checker, and room service clerk. Thus, the mere fact that her range of work is less than the range of work for younger individuals does not automatically mean she is disabled.

Finally, Plaintiff characterizes the VE’s testimony as ambiguous. In addition to the gate guard, checker, and room service clerk positions, the VE considered whether Plaintiff could work as a parking lot cashier or machine tender. Ultimately, the VE did not recommend those occupations because those jobs are “the kinds of work that would either fall within [the hypothetical question] or come close to it and that would, I think, require some additional inspection.” (Tr. at 424.) Plaintiff misconstrues this testimony as also applying to the gate guard, checker, and room service clerk positions, but the transcript of the testimony is clear that the VE did not qualify the recommended jobs in any way.

Further, the ALJ did not find that Plaintiff could work as a parking lot cashier or machine tender.

In conclusion, the Court finds all of Plaintiff’s challenges to the VE’s testimony without merit.

Thus, the VE’s testimony constituted substantial evidence to support the ALJ’s decision.

IV. RECOMMENDATION

Based on the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY

RECOMMENDED that:

1. Plaintiff’s Motion for Summary Judgment (Doc. No. 8) be DENIED; and CASE 0:06-cv-03289-ADM-SRN Document 17 Filed 06/27/07 Page 23 of 23

2. Defendant’s Motion for Summary Judgment (Doc. No. 12) be GRANTED.

Dated: June 27, 2007

–  –  –

Under D. Minn. LR 72.2(b), any party may object to this Report and Recommendation by filing with the Clerk of Court, and serving all parties by July 13, 2007, a writing which specifically identifies those portions of this Report to which objections are made and the basis of those objections. Failure to comply with this procedure may operate as a forfeiture of the objecting party’s right to seek review in the Court of Appeals. A party may respond to the objecting party’s brief within ten days after service thereof. A judge shall make a de novo determination of those portions to which objection is made.

This Report and Recommendation does not constitute an order or judgment of the District Court, and it is therefore not appealable to the Court of Appeals.



Pages:     | 1 |   ...   | 2 | 3 ||


Similar works:

«Do You Know Juliette Low? MORE Games, Songs, Skits, Crafts and Learning Activities About Our Girl Scout Founder! Volunteer Learning & Development Daisy Low Story-Game for Girl Scout Daisies Leader: “Listen closely while I tell you the story of Juliette Gordon Law, who started the American Girl Scouts. Every time I say Mrs. Low‘s nickname, ‗Daisy,‘ YOU have to say ‗We‘re Daisies too!‘ Let‘s practice.‖ (Say “Daisy” and let girls reply.) [STORY] ―Once there was a girl named...»

«252 Groups May 24, 2015, Week 4 Large Group, 4-5 Backfired Bible Story: Backfired (Haman’s Plot Against the Jews) • Esther 3; 4:8b; 5:6-10; 6:6-11; 7:1-6, 9b-10 Bottom Line: When you lie to help yourself, you hurt yourself instead. Memory Verse: “Keep me from cheating and telling lies. Be kind and teach me your law.” Psalm 119:29, NIrV Life App: Honesty—choosing to be truthful in whatever you say and do. Basic Truth: I can trust God no matter what. May Large Group Downloads:...»

«87 Behind the Mask Bart Luirink Since spring 2000, the Johannesburg-based website, Behind the Mask (BtM), has been providing information to people about developments surrounding homosexuality in Africa. Attracting tens of thousands of visitors each month, The Mask has built a network of hundreds of African partners and informants over the course of several years. Soon, French-speaking people will be able to participate as well. The symbolism cannot be missed by anyone. Behind the Mask is based...»

«BASE PROSPECTUS (Basisprospekt) MORGAN STANLEY BANK AG (incorporated as a stock corporation (Aktiengesellschaft) in the Federal Republic of Germany) MORGAN STANLEY & CO. INTERNATIONAL PLC (incorporated with limited liability in England and Wales) MORGAN STANLEY B.V. (incorporated with limited liability in The Netherlands) and MORGAN STANLEY (incorporated under the laws of the State of Delaware in the United States of America) as Guarantor for any issues of Securities by Morgan Stanley B.V. Euro...»





 
<<  HOME   |    CONTACTS
2016 www.abstract.xlibx.info - Free e-library - Abstract, dissertation, book

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.