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08-1135 - Jones v. Commissioner of Social Security


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08-1135 - Jones v. Commissioner of Social Security
September 29, 2009
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Memorandum Opinion and Order that the otherwise thorough decision of the ALJ contains an error that mandates reversal of the partially favorable final Agency decision that Richard D. Jones was not disabled until 2/3/2005, his fiftieth birthday. Because the ALJ's assessment of Jones' residual functional capacity is driven by consideration of all of the relevant medical and other evidence, including the correct interpretation of the treating sources' stated physical limitations, the ALJ's assessment of Jones' residual functional capacity, its role in concluding that he could perform other jobs in the national economy and his disability onset date are flawed and must be revisited. See 20 C.F.R. § 416.945(a)(3).Accordingly and pursuant to the Fourth Sentence of 42 U.S.C. § 405(g), the final agency decision is reversed and remanded for a re-evaluation of Richard D. Jones' residual functional capacity and disability onset date. This re-evaluation should give proper consideration to Jones' physical limitations as identified in the Residual Functional Capacity Questionnaires and other relevant documents provided by Jones' treating physicians, Drs. Packer and Nagendra. Magistrate Judge Benita Y. Pearson on 9/29/2009. (S,L)
January 13, 2010
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Memorandum Opinion and Order: Plaintiff's well-supported and unopposed 25 Application for Payment of Attorney Fees is granted. Plaintiff Richard D. Jones is awarded a total amount of $5,979.75. Magistrate Judge Benita Y. Pearson on 1/13/2010. (S,L)