Higgins v. Social Security Administration

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Higgins v. Social Security Administration

Higgins v. Social Security Administration

Plaintiff:	Ralph D. Higgins
Defendant:	Social Security Administration
Case Number:	4:2008cv01237
Filed:	August 25, 2008
Court:	US District Court for the Eastern District of Missouri
Office:	Social Security: DIWC/DIWW Office
County:	Franklin
Presiding Judge:	David D. Noce
Presiding Judge:	E. Richard Webber
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	42:402 Social Security Benefits

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Date Filed	Document Text
February 22, 2010	Filing 19 MEMORANDAUM AND ORDER. IT IS HEREBY ORDERED that under sentence four of 42 U.S.C. § 405(g), the final decision of the Commissioner of Social Security denying Plaintiff Ralph D. Higgins disability benefits is REVERSED AND REMANDED, for further p roceedings consistent with this Order, and the Report and Recommendation of United States Magistrate Judge David D. Noce. Signed by Honorable E. Richard Webber on February 22, 2010. (certified copy of Memorandum and Order mailed this date to Bureau of Hearings and Appeals, 5107 Leesburg Pike, Room 801, Skyline Tower #1 ; Falls Church, VA 22041)(MGK)
January 22, 2010	Filing 18 REPORT AND RECOMMENDATIONS : For the reasons set forth above, it is the recommendation of the undersigned that the decision of the Commissioner of Social Security be reversed and remanded under Sentence 4 of 42 U.S.C. § 405(g). Upon remand, the ALJ should ensure that the hypothetical question posed to the VE corresponds to the ultimate RFC determination. To that end, the ALJ may wish to hold a supplemental hearing. The ALJ should also treat Higgins as a person closely approaching advanced a ge. The parties are advised that they have until February 8, 2010, to file written objections to this Report and Recommendation. The failure to file timely written objections may waive the right to appeal issues of fact. re 1 DCM Complaint filed by Ralph D. Higgins Objections to R&R due by 2/8/2010. Signed by Magistrate Judge David D. Noce on 1/22/10. (KKS)

Date Filed

Document Text

February 22, 2010

Filing 19 MEMORANDAUM AND ORDER. IT IS HEREBY ORDERED that under sentence four of 42 U.S.C. § 405(g), the final decision of the Commissioner of Social Security denying Plaintiff Ralph D. Higgins disability benefits is REVERSED AND REMANDED, for further p roceedings consistent with this Order, and the Report and Recommendation of United States Magistrate Judge David D. Noce. Signed by Honorable E. Richard Webber on February 22, 2010. (certified copy of Memorandum and Order mailed this date to Bureau of Hearings and Appeals, 5107 Leesburg Pike, Room 801, Skyline Tower #1 ; Falls Church, VA 22041)(MGK)

January 22, 2010

Filing 18 REPORT AND RECOMMENDATIONS : For the reasons set forth above, it is the recommendation of the undersigned that the decision of the Commissioner of Social Security be reversed and remanded under Sentence 4 of 42 U.S.C. § 405(g). Upon remand, the ALJ should ensure that the hypothetical question posed to the VE corresponds to the ultimate RFC determination. To that end, the ALJ may wish to hold a supplemental hearing. The ALJ should also treat Higgins as a person closely approaching advanced a ge. The parties are advised that they have until February 8, 2010, to file written objections to this Report and Recommendation. The failure to file timely written objections may waive the right to appeal issues of fact. re 1 DCM Complaint filed by Ralph D. Higgins Objections to R&R due by 2/8/2010. Signed by Magistrate Judge David D. Noce on 1/22/10. (KKS)

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Plaintiff: Ralph D. Higgins
Represented By:	David D. Camp
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Defendant: Social Security Administration
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