Drummond v. Social Security Administration, Commissioner of

Justia Dockets & Filings Tenth Circuit Kansas District Court Drummond v. Social Security Administration, Commissioner of

Drummond v. Social Security Administration, Commissioner of

Plaintiff:	Robert Drummond
Defendant:	Social Security Administration, Commissioner of
Case Number:	5:2009cv04055
Filed:	April 28, 2009
Court:	US District Court for the District of Kansas
Office:	Topeka Office
County:	Ellis
Presiding Judge:	Richard D. Rogers
Nature of Suit:	None
Cause of Action:	42 U.S.C. § 1383 Review of HHS Decision
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
April 21, 2010	Filing 17 MEMORANDUM AND ORDER: The court finds that the ALJ improperly discredited the treating physicians opinion in this case on the basis of speculation regarding the basis for that opinion (whether it was premised almost entirely upon Drummonds subjective complaints) and speculation regarding the reason for failing to refer Drummond to an orthopedic specialist. The court further finds that the ALJ improperly favored the opinion of a non-examining physician over the treating physician in this case wi thout providing adequate grounds for doing so. For these reasons, the court shall reverse and remand the decision to deny benefits in this case for further proceedings consistent with this opinion. This judgment and remand shall be entered in accordance with the fourth sentence of 42 U.S.C. § 405(g). Signed by District Judge Richard D. Rogers on 4/21/10.(meh)

Date Filed

Document Text

April 21, 2010

Filing 17 MEMORANDUM AND ORDER: The court finds that the ALJ improperly discredited the treating physicians opinion in this case on the basis of speculation regarding the basis for that opinion (whether it was premised almost entirely upon Drummonds subjective complaints) and speculation regarding the reason for failing to refer Drummond to an orthopedic specialist. The court further finds that the ALJ improperly favored the opinion of a non-examining physician over the treating physician in this case wi thout providing adequate grounds for doing so. For these reasons, the court shall reverse and remand the decision to deny benefits in this case for further proceedings consistent with this opinion. This judgment and remand shall be entered in accordance with the fourth sentence of 42 U.S.C. § 405(g). Signed by District Judge Richard D. Rogers on 4/21/10.(meh)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Kansas District Court's Electronic Court Filings (ECF) System

Search for this case: Drummond v. Social Security Administration, Commissioner of
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Robert Drummond
Represented By:	Nicholas D. Purifoy
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Social Security Administration, Commissioner of
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?