Bidwell v. Commissioner, SSA

Bidwell v. Commissioner, SSA

Plaintiff:	Joe Bidwell
Defendant:	Commissioner, SSA
Case Number:	4:2015cv00791
Filed:	November 13, 2015
Court:	US District Court for the Eastern District of Texas
Office:	Sherman Office
County:	Collin
Presiding Judge:	Don D. Bush
Presiding Judge:	Ron Clark
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 416
Jury Demanded By:	None

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Date Filed	Document Text
February 24, 2017	Filing 23 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 22 Report and Recommendations. ORDERED that the decision of the Commissioner is AFFIRMED IN PART AND REMANDED IN PART. The Commissioner's decision finding that Plaintiff did not meet or equal listing 4.05 disability at step three of the analysis is AFFIRMED. However, the ALJ erred in applying the younger person age category without explanation at step five of the analysis. Thus, the Court remands t he case to the ALJ to reconsider whether applying the closely approaching advanced age category to Plaintiff is proper in accordance with the Report (Dkt. #22), and render a decision accordingly. Signed by Judge Amos L. Mazzant, III on 2/24/2017. (daj, )

Date Filed

Document Text

February 24, 2017

Filing 23 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 22 Report and Recommendations. ORDERED that the decision of the Commissioner is AFFIRMED IN PART AND REMANDED IN PART. The Commissioner's decision finding that Plaintiff did not meet or equal listing 4.05 disability at step three of the analysis is AFFIRMED. However, the ALJ erred in applying the younger person age category without explanation at step five of the analysis. Thus, the Court remands t he case to the ALJ to reconsider whether applying the closely approaching advanced age category to Plaintiff is proper in accordance with the Report (Dkt. #22), and render a decision accordingly. Signed by Judge Amos L. Mazzant, III on 2/24/2017. (daj, )

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Plaintiff: Joe Bidwell
Represented By:	Michael Thomas Kelly
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Defendant: Commissioner, SSA
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