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06-647 - MOYER v. SOCIAL SECURITY ADMINISTRATION


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06-647 - MOYER v. SOCIAL SECURITY ADMINISTRATION
February 4, 2008
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ENTRY on Judicial Review (Conclusion) - The court cannot answer the question whether Mr. Moyer was actually disabled for the purposes of the Social Security Act. The ALJ's determination that Mr. Moyer's condition did not meet the requirements of Listing 8.06 is supported by substantial evidence. However, the ALJ erred in his credibility determination by relying heavily on Mr. Moyer's failure to seek more regular medical treatment, by overlooking some important evidence, and by failing to differentiate between Mr. Moyer's capabilities when he was suffering from severe boils and in his healthier phases for this severe but intermittent impairment. The Commissioner needs to take a closer look at the evidence weighing in favor of and against Mr.Moyer's subjective complaints to determine if his condition medically equaled Listing 8.06 and to evaluate his residual functional capacity. Accordingly, the decision of the Commissioner is vacated and the case remanded for further proceedings consistent with this opinion. Signed by Judge David Frank Hamilton on 2/4/2008.(LSC)