Smith v. Social Security Administration

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

Smith v. Social Security Administration

Plaintiff:	Theresa Smith
Defendant:	Social Security Administration
Case Number:	4:2010cv02334
Filed:	December 14, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Lewis M. Blanton
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 205
Jury Demanded By:	None

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Date Filed	Document Text
March 15, 2012	Filing 15 MEMORANDUM OPINION re: 14 SOCIAL SECURITY CROSS BRIEF re 13 SOCIAL SECURITY BRIEF re 1 DCM Complaint, filed by Defendant Michael J. Astrue, 13 SOCIAL SECURITY BRIEF re 1 DCM Complaint, filed by Plaintiff Theresa Smith. In sum, the ALJ erred in failing to set forth the mental demands of plaintiff's past work, and to compare that with plaintiff's residual functional capacity. The decision of the ALJ is not, therefore, supported by substantial evidence. As such, this cause will be reversed and remanded to the ALJ in order for the ALJ to properly make specific findings as to the mental demands of plaintiff's past relevant work, either as plaintiff performed it, or in the national economy. The ALJ should then compare pla intiff's residual functional capacity to the demands of her past relevant work, and determine whether plaintiff is able to perform her past relevant work. 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 15 MEMORANDUM OPINION re: 14 SOCIAL SECURITY CROSS BRIEF re 13 SOCIAL SECURITY BRIEF re 1 DCM Complaint, filed by Defendant Michael J. Astrue, 13 SOCIAL SECURITY BRIEF re 1 DCM Complaint, filed by Plaintiff Theresa Smith. In sum, the ALJ erred in failing to set forth the mental demands of plaintiff's past work, and to compare that with plaintiff's residual functional capacity. The decision of the ALJ is not, therefore, supported by substantial evidence. As such, this cause will be reversed and remanded to the ALJ in order for the ALJ to properly make specific findings as to the mental demands of plaintiff's past relevant work, either as plaintiff performed it, or in the national economy. The ALJ should then compare pla intiff's residual functional capacity to the demands of her past relevant work, and determine whether plaintiff is able to perform her past relevant work. 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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Defendant: Social Security Administration
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Plaintiff: Theresa Smith
Represented By:	Theresa L. Severs
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