Bonnell v. Astrue
| Kathleen Bonnell |
| Michael J. Astrue |
| 8:2008cv00384 |
| August 25, 2008 |
| US District Court for the District of Nebraska |
| Social Security: SSID Tit. XVI Office |
| Greeley |
| Richard G. Kopf |
| None |
| U.S. Government Defendant |
| 42:405 Review of HHS Decision (SSID) |
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Filing
24
MEMORANDUM AND ORDER - In this Social Security appeal, the plaintiff contends that the Commissioner's decision to deny her disability insurance benefits and supplemental security income is contrary to law and not supported by the evidence becaus e the administrative law judge (ALJ) (1) did not give weight to the opinion of the plaintiff's therapist, a licensed clinical social worker, and (2) failed to examine whether certain testimony provided by a vocational expert (VE) was inconsisten t with the Dictionary of Occupational Titles (DOT).1 After careful review of the administrative record, I find that the Commissioner's decision should be affirmed because (1) the ALJ properly discounted the therapists opinion and (2) the ALJ 9;s failure to discuss the alleged conflict between the VEs testimony and the DOT was harmless error. Accordingly, IT IS ORDERED that the decision of the Commissioner is affirmed pursuant to sentence four of 42 U.S.C. § 405(g). Final judgment will be entered by separate document. Ordered by Judge Richard G. Kopf. (LKH)
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Filing
15
ORDER - Plaintiff's motion for enlargement of time (filing 14 ) is granted. Plaintiff shall file a brief by February 9, 2009. Defendant shall file a brief by March 11, 2009. Plaintiff may file a reply brief by April 10, 2009. This case shall be ripe for decision on April 13, 2009. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
4
ORDER granting 1 Motion for Leave to Proceed in forma pauperis. The Clerk of the court shall send THREE summons forms and THREE USM-285 forms to Plaintiff's attorney of record for service of process on the United States. Federal Rule of Civil Procedure 4(m) requires service of process by no later than 120 days after the filing of a civil complaint. Plaintiff shall, as soon as possible, complete the forms (see attached Notice for persons to be served) and send the completed summonses and USM-285 forms back to the Clerk of the court. In the absence of those forms, service of process cannot occur. Upon receipt of the completed summons forms and USM-285 forms, the Clerk shall sign the summonses and forward them, together with copies of the complaint, to the U.S. Marshal for service on the United States. The Marshal shall serve the United States, without payment of costs or fees.Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(GJG, )
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| Defendant: Michael J. Astrue | |
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| Plaintiff: Kathleen Bonnell | |
| Represented By: | Nicholas D. Purifoy |
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