Porter v. Astrue

Porter v. Astrue

Plaintiff:	Marvin Porter
Defendant:	Michael J. Astrue
Case Number:	4:2010cv00537
Filed:	March 29, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
Presiding Judge:	Lewis M. Blanton
Presiding Judge:
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 205 Denial Social Security Benefits
Jury Demanded By:	None

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Date Filed	Document Text
September 8, 2011	Filing 22 MEMORANDUM OPINION re: 12 SOCIAL SECURITY BRIEF re 1 Complaint, 10 Answer to Complaint filed by Plaintiff Marvin Porter, 18 SOCIAL SECURITY CROSS BRIEF re 12 SOCIAL SECURITY BRIEF re 1 Complaint, 10 Answer to Complaint filed by Defendant Michael J. Astrue, 21 SOCIAL SECURITY REPLY BRIEF re 18 SOCIAL SECURITY CROSS BRIEF re 12 SOCIAL SECURITY BRIEF re 1 Complaint, 10 Answer to Complaint filed by Plaintiff Marvin Porter. In sum, the decision of the ALJ finding plaintiff not disabled is not supported bysubstantial evidence. The ALJ failed to properly weigh the medical opinions and failed to develop the record by not obtaining necessary medical evidence addressing plaintiff's ability to function in the workplace. Th e ALJ's assessment of plaintiff's residual functional capacity was not based onsubstantial medical evidence in the record thereby producing an erroneous residual functional capacity. For these reasons, this cause will be reversed and remand ed 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 9/8/11. (CSG)

Date Filed

Document Text

September 8, 2011

Filing 22 MEMORANDUM OPINION re: 12 SOCIAL SECURITY BRIEF re 1 Complaint, 10 Answer to Complaint filed by Plaintiff Marvin Porter, 18 SOCIAL SECURITY CROSS BRIEF re 12 SOCIAL SECURITY BRIEF re 1 Complaint, 10 Answer to Complaint filed by Defendant Michael J. Astrue, 21 SOCIAL SECURITY REPLY BRIEF re 18 SOCIAL SECURITY CROSS BRIEF re 12 SOCIAL SECURITY BRIEF re 1 Complaint, 10 Answer to Complaint filed by Plaintiff Marvin Porter. In sum, the decision of the ALJ finding plaintiff not disabled is not supported bysubstantial evidence. The ALJ failed to properly weigh the medical opinions and failed to develop the record by not obtaining necessary medical evidence addressing plaintiff's ability to function in the workplace. Th e ALJ's assessment of plaintiff's residual functional capacity was not based onsubstantial medical evidence in the record thereby producing an erroneous residual functional capacity. For these reasons, this cause will be reversed and remand ed 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 9/8/11. (CSG)

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Plaintiff: Marvin Porter
Represented By:	Brigid A. McNamara
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Defendant: Michael J. Astrue
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