Williams v. Astrue

Williams v. Astrue

Plaintiff:	James Doss Williams
Defendant:	Michael J. Astrue
Case Number:	4:2011cv01171
Filed:	July 1, 2011
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Adair
Presiding Judge:	Lewis M. Blanton
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
September 12, 2012	Filing 18 OPINION MEMORANDUM..In sum, the undersigned finds that the ALJ erred in failing to develop the record regarding plaintiff's COPD. In addition, the Appeals Council erred in failing to obtain vocational expert testimony to assess the effect of pla intiffs nonexertional limitations. As such, this cause will bereversed and remanded to the ALJ in order for the ALJ to properly develop the record with regard to plaintiff's COPD; reassess plaintiff's residual functional capacity based on t he developed record; and obtain vocational expert testimony to determine the effect of plaintiff's nonexertional impairments on the occupational base. Accordingly, a Judgment of Reversal and Remand will beentered separately in favor of plaintiff in accordance with this Memorandum. Signed by Magistrate Judge Lewis M. Blanton on 9/12/12. (MRS)

Date Filed

Document Text

September 12, 2012

Filing 18 OPINION MEMORANDUM..In sum, the undersigned finds that the ALJ erred in failing to develop the record regarding plaintiff's COPD. In addition, the Appeals Council erred in failing to obtain vocational expert testimony to assess the effect of pla intiffs nonexertional limitations. As such, this cause will bereversed and remanded to the ALJ in order for the ALJ to properly develop the record with regard to plaintiff's COPD; reassess plaintiff's residual functional capacity based on t he developed record; and obtain vocational expert testimony to determine the effect of plaintiff's nonexertional impairments on the occupational base. Accordingly, a Judgment of Reversal and Remand will beentered separately in favor of plaintiff in accordance with this Memorandum. Signed by Magistrate Judge Lewis M. Blanton on 9/12/12. (MRS)

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Plaintiff: James Doss Williams
Represented By:	Richard VanAntwerp
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Defendant: Michael J. Astrue
Represented By:	Nicholas P. Llewellyn
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