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15-392 - BADGER v. COLVIN


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15-392 - BADGER v. COLVIN
June 27, 2016
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ENTRY - Plaintiff Scott A. Badger applied for disability benefits from the Social Security Administration ("SSA") on November 28, 2012, alleging a disability onset date of October 5, 2012. [Filing No. 13-2 at 20.] His application was denied initially on March 8, 2013, and on reconsideration on May 16, 2013. [Filing No. 13-2 at 20.] A hearing was held on June 12, 2014, before Administrative Law Judge ("ALJ") William Spalo who issued a decision on July 18, 2014, determining that Mr. Badger was not disabled and not entitled to receive disability benefits. [Filing No. 13-2 at 20; Filing No. 13-2 at 33.] The Appeals Council denied review on October 21, 2015, [Filing No. 15 at 2], making the ALJ's decision the Commissioner's "final decision" subject to judicial review, Schmidt v. Astrue, 496 F.3d 833, 841 (7th Cir. 2007). Mr. Badger filed this action pursuant to 42 U.S.C. § 405(g), asking this Court to review his denial of disability benefits. [Filing No. 1.] For the reasons detailed herein, the Court VACATES the ALJ's decision denying Mr. Badger disability benefits and REMANDS this matter for further proceedings pursuant to 42 U.S.C. § 405(g) (sentence four). On remand the ALJ must account for the mild limitations resulting from Mr. Badger's depression in his RFC determination. Final judgment shall issue accordingly. (See entry.) Signed by Judge Jane Magnus-Stinson 6/27/2016.(BRR)