Bidwell v. Commissioner, SSA
||November 13, 2015
||US District Court for the Eastern District of Texas
||Don D. Bush
|Nature of Suit:
||Supplemental Security Income
|Cause of Action:
|Jury Demanded By:
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|February 24, 2017
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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