Constantine v. Astrue

Constantine v. Astrue

Plaintiff:	Kevin Constantine
Defendant:	Michael J Astrue
Case Number:	6:2012cv03072
Filed:	December 13, 2012
Court:	US District Court for the Western District of Louisiana
Office:	Lafayette Office
County:	Vermilion
Presiding Judge:	Rebecca F Doherty
Presiding Judge:	C Michael Hill
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
April 29, 2014	Filing 13 JUDGMENT ADOPTING 12 Report and Recommendations. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioner's decision is REMANDED to the Commissioner for further administrative action pursuant to the fourth sentence of 42 USC Section 405(g). This includes, but does not limit, sending the case to the hearing level with instructions to the Administrative Law Judge to apply the proper standard for weighing the treating physician's opinion, consider claimant' s limitations due to carpal tunnel syndrome and back problems in the Residual Functional Capacity Assessment, and pose a proper hypothetical including claimant's limitations to a vocational expert, if needed. Claimant shall be afforded the opportunity to submit additional evidence and to testify at a supplemental hearing. Signed by Judge Rebecca F Doherty on 4/29/14. (crt,Guidry, C)

Date Filed

Document Text

April 29, 2014

Filing 13 JUDGMENT ADOPTING 12 Report and Recommendations. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioner's decision is REMANDED to the Commissioner for further administrative action pursuant to the fourth sentence of 42 USC Section 405(g). This includes, but does not limit, sending the case to the hearing level with instructions to the Administrative Law Judge to apply the proper standard for weighing the treating physician's opinion, consider claimant' s limitations due to carpal tunnel syndrome and back problems in the Residual Functional Capacity Assessment, and pose a proper hypothetical including claimant's limitations to a vocational expert, if needed. Claimant shall be afforded the opportunity to submit additional evidence and to testify at a supplemental hearing. Signed by Judge Rebecca F Doherty on 4/29/14. (crt,Guidry, C)

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Plaintiff: Kevin Constantine
Represented By:	Matthew David Lane, Jr
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Defendant: Michael J Astrue
Represented By:	Katherine W Vincent
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