Torrey v. Astrue

Torrey v. Astrue

Plaintiff:	Keith A. Torrey
Defendant:	Michael J. Astrue
Case Number:	4:2010cv02271
Filed:	December 3, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 15, 2012	Filing 21 MEMORANDUM OPINION re: 20 SOCIAL SECURITY CROSS BRIEF re 17 SOCIAL SECURITY BRIEF filed by Defendant Michael J. Astrue, 17 SOCIAL SECURITY BRIEF filed by Plaintiff Keith A. Torrey. In sum, the ALJ erred in discrediting the opinions of plaintiffs treating hematologist and treating primary care physician, and formulating a residual functional capacity that was not based on substantial evidence. For these reasons, this cause will be reversed and remanded to the ALJ in order for the ALJ to cons ider new evidence from Dr. Blinder; assign the proper weight to the opinions of Drs. Blinder and Pachalla; indicate the weight he is assigning to the opinion of the consulting physician and state agency physician; and formulate a new residual functio nal capacity for plaintiff based on the medical evidence in the record. 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 3/15/12. (CSG)

Date Filed

Document Text

March 15, 2012

Filing 21 MEMORANDUM OPINION re: 20 SOCIAL SECURITY CROSS BRIEF re 17 SOCIAL SECURITY BRIEF filed by Defendant Michael J. Astrue, 17 SOCIAL SECURITY BRIEF filed by Plaintiff Keith A. Torrey. In sum, the ALJ erred in discrediting the opinions of plaintiffs treating hematologist and treating primary care physician, and formulating a residual functional capacity that was not based on substantial evidence. For these reasons, this cause will be reversed and remanded to the ALJ in order for the ALJ to cons ider new evidence from Dr. Blinder; assign the proper weight to the opinions of Drs. Blinder and Pachalla; indicate the weight he is assigning to the opinion of the consulting physician and state agency physician; and formulate a new residual functio nal capacity for plaintiff based on the medical evidence in the record. 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 3/15/12. (CSG)

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Plaintiff: Keith A. Torrey
Represented By:	Robert A. Crowe
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Defendant: Michael J. Astrue
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