Noah v. Astrue

Noah v. Astrue

Plaintiff:	Carey Dean Noah
Defendant:	Michael J. Astrue
Case Number:	2:2010cv00056
Filed:	August 25, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	Hannibal Office
County:	Marion
Nature of Suit:	Retirement and Survivors Benefits
Cause of Action:	42 U.S.C. § 416
Jury Demanded By:	None

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Date Filed	Document Text
September 23, 2011	Filing 19 MEMORANDUM... In sum, the decision of the ALJ finding plaintiff not disabled is not supported by substantial evidence. The ALJ failed to properly assess the credibility of plaintiff's subjective complaints of pain and limitations. The ALJ failed to develop the record by not obtaining necessary medical evidence addressing plaintiff's ability to function in the workplace. The ALJ's assessment of plaintiff's residual functional capacity was not based on substantial medical evide nce in the record thereby producing an erroneous residual functional capacity. The ALJ then posed a hypothetical question to the vocational expert based on this erroneous residual functional capacity. For these reasons, this cause will be reversed an d remanded to the ALJ for further proceedings consistent with this Memorandum. Accordingly, a Judgment of Reversal and Remand will be entered separately in favor of plaintiff in accordance with this Memorandum. Signed by Magistrate Judge Lewis M. Blanton on 9/23/2011. (JMC)

Date Filed

Document Text

September 23, 2011

Filing 19 MEMORANDUM... In sum, the decision of the ALJ finding plaintiff not disabled is not supported by substantial evidence. The ALJ failed to properly assess the credibility of plaintiff's subjective complaints of pain and limitations. The ALJ failed to develop the record by not obtaining necessary medical evidence addressing plaintiff's ability to function in the workplace. The ALJ's assessment of plaintiff's residual functional capacity was not based on substantial medical evide nce in the record thereby producing an erroneous residual functional capacity. The ALJ then posed a hypothetical question to the vocational expert based on this erroneous residual functional capacity. For these reasons, this cause will be reversed an d remanded to the ALJ for further proceedings consistent with this Memorandum. Accordingly, a Judgment of Reversal and Remand will be entered separately in favor of plaintiff in accordance with this Memorandum. Signed by Magistrate Judge Lewis M. Blanton on 9/23/2011. (JMC)

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Plaintiff: Carey Dean Noah
Represented By:	D. Terrell Dempsey, III
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Defendant: Michael J. Astrue
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