Peters v. Astrue

Defendant: Michael J Astrue
Plaintiff: Lisa Marie Peters
Case Number: 2:2012cv02821
Filed: October 31, 2012
Court: Louisiana Western District Court
Office: Lake Charles Office
County: Calcasieu
Referring Judge: Kathleen Kay
Presiding Judge: Patricia Minaldi
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42:405 Review of HHS Decision (SSID)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 12, 2014 16 Opinion or Order of the Court MEMORANDUM RULING re 13 MOTION to Remand filed by Michael J Astrue. IT IS RECOMMENDED that the Commissioner's decision should be REVERSED and VACATED and the matter REMANDED for a new hearing pursuant to the fourth sentence of 42 U.S.C. §405(g) for another hearing. IT IS FURTHER RECOMMENDED that upon remand, the ALJ is instructed to comply with HALLEX I-2-7-30 and HALLAX I-2-7-35B and proffer any post-hearing evidence, including the consultative examination report from Dr. R. Dale Bernauer, to plaintiff and/or plaintiffs attorney. The ALJ is further instructed to update the treatment evidence on plaintiffs medical condition, further evaluate plaintiffs impairments and residual functional capacity, and obtain additional vocational expert testimony if necessary. The effect of this ruling is suspended for fourteen (14) days to allow either party to seek review from the district court. Signed by Magistrate Judge Kathleen Kay on June 11, 2014. (crt,Benoit, T)
October 16, 2014 18 Opinion or Order of the Court ORDER re: 1 Complaint filed by Lisa Marie Peters; IT IS ORDERED that the Commissioner's decision be REVERSED and VACATED and the matter REMANDED for a new hearing pursuant to the fourth sentence of 42 USC 405(g) for another hearing; IT IS FUR THER ORDERED that upon remand, the ALJ is instructed to comply with HALLEX I-2-7-3- and HALLEX I-2-7-35B and proffer any post-hearing evidence, including the consultative examination report from Dr. R. Dale Bernauer, to plaintiff and/or plaintiff 9;s attorney. The ALJ is further instructed to update the treatment evidence on plaintiff's medical condition, further evaluate plaintiff's impairments and residual functional capacity, and obtain additional vocational expert testimony if necessary. Signed by Judge Patricia Minaldi on 10/7/2014. (crt,FinnSld, P)

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Defendant: Michael J Astrue
Represented By: Katherine W Vincent
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Plaintiff: Lisa Marie Peters
Represented By: James Spruel, Jr
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