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08-077 - Guptill v. Astrue


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08-077 - Guptill v. Astrue
April 28, 2010
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REPORT AND RECOMMENDATIONS: Re: the #1 Complaint filed by Christine L. Guptill, upon review the Court finds that the Commissioner's decision is not supported by substantial evidence, the ALJ's failure to credit Plaintiff's doctors led him to the unsupported conclusion that Plaintiff had no medically determinable mental impairment, that led him to fail to properly assess Plaintiff's credibility, and led him to improperly state Plaintiff's RFC. Therefore is is recommended that the Commissioner's decision denying disability benefits be REMANDED for further proceedings in accordance with this recommendation and pursuant to sentence four of 42 USC section 405(g). Objections to R&R due by 5/12/2010. Signed by Magistrate Judge Victor E. Bianchini on 4/28/2010. (jmb)
May 14, 2010
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ORDER: adopting the # 17 Report and Recommendations in its entirety, the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with the Report and Recommendation and pursuant to sentence four of 42 USC section 405(g). Signed by Chief Judge Norman A. Mordue on 5/14/2010. (jmb)
May 14, 2010
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JUDGMENT: in favor of Christine L. Guptill against Michael J. Astrue - case remanded for further proceedings in accordance with the Report and Recommendation and pursuant to sentence four of 42 USC section 405(g). (jmb)