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09-4055 - Drummond v. Social Security Administration, Commissioner of


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09-4055 - Drummond v. Social Security Administration, Commissioner of
April 21, 2010
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MEMORANDUM AND ORDER: The court finds that the ALJ improperly discredited the treating physicians opinion in this case on the basis of speculation regarding the basis for that opinion (whether it was premised almost entirely upon Drummonds subjective complaints) and speculation regarding the reason for failing to refer Drummond to an orthopedic specialist. The court further finds that the ALJ improperly favored the opinion of a non-examining physician over the treating physician in this case without providing adequate grounds for doing so. For these reasons, the court shall reverse and remand the decision to deny benefits in this case for further proceedings consistent with this opinion. This judgment and remand shall be entered in accordance with the fourth sentence of 42 U.S.C. ยง 405(g). Signed by District Judge Richard D. Rogers on 4/21/10.(meh)