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07-2978 - Foix v. Astrue


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07-2978 - Foix v. Astrue
May 16, 2008
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REPORT AND RECOMMENDATION: Recommending that 8 MOTION for Summary Judgment filed by Katie L Foix, be granted in part; that the decision of the Commissioner be reversed and the case be remanded to the Commissioner pursuant to Sentence 4 of Section 405(g) for further proceedings consistent with this opinion. In particular, the ALJ must: a) Clarify which opinions he is crediting in formulating the hypothetical question to the vocational expert; b) To the extent the ALJ credits only parts but not all of a sources opinion because parts are inconsistent with other opinions he credits, or otherwise, the ALJ must articulate the inconsistency and explain why he rejects those portions he does not credit; c) To the extent the ALJ continues to not give the entirety of Ms. McHardys opinion controlling weight, the ALJ must explain why and more fully explain why he gave more weight to the consulting opinions thanto Plaintiffs treating sources; and that 11 MOTION for Summary Judgment filed by Michael J Astrue be denied. Objections to R&R due by 6/4/2008. Signed by Magistrate Judge Franklin L. Noel on 05/15/08. (LPH)
June 9, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 granting in part 8 Motion for Summary Judgment filed by Katie L Foix; denying 11 Motion for Summary Judgment filed by Michael J Astrue. Case is remanded (Written Opinion). Signed by Judge Joan N. Ericksen on June 9, 2008. (slf)