Medley v. Astrue

Medley v. Astrue

Plaintiff:	Sandra Medley
Defendant:	Michael J. Astrue
Case Number:	7:2011cv00053
Filed:	April 21, 2011
Court:	US District Court for the Northern District of Texas
Office:	Wichita Falls Office
County:	Wichita
Presiding Judge:	Reed C O'Connor
Presiding Judge:	Robert K Roach
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
December 29, 2011	Filing 23 Memorandum Opinion and Order: For these reasons, the court sustains Plaintiffs objection to the Magistrate Judges finding that the ALJs hypothetical question to the VE at the hearing was not defective. Because the ALJ based his finding that Medley w as not disabled on answers to a defective hypothetical, substantial evidence does not support the finding of no disability. Accordingly, the Court reverses and remands this civil action for further proceedings consistent with this Memorandum Opinion and Order. Boyd, 239 F.3d at 706-07; Bowling, 36 F.3d at 436.3 (Ordered by Judge Reed C O'Connor on 12/29/2011) (trt)

Date Filed

Document Text

December 29, 2011

Filing 23 Memorandum Opinion and Order: For these reasons, the court sustains Plaintiffs objection to the Magistrate Judges finding that the ALJs hypothetical question to the VE at the hearing was not defective. Because the ALJ based his finding that Medley w as not disabled on answers to a defective hypothetical, substantial evidence does not support the finding of no disability. Accordingly, the Court reverses and remands this civil action for further proceedings consistent with this Memorandum Opinion and Order. Boyd, 239 F.3d at 706-07; Bowling, 36 F.3d at 436.3 (Ordered by Judge Reed C O'Connor on 12/29/2011) (trt)

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Plaintiff: Sandra Medley
Represented By:	Robert M Hampton
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Defendant: Michael J. Astrue
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