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07-057 - Cox v. Astrue


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07-057 - Cox v. Astrue
September 8, 2008
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*** VACATED PER 11/18/08 ORDER***Memorandum Opinion and Order. The Commissioners decision is not the result of prejudicial legal error, and substantial evidence supports the decision. Accordingly, the Commissioners decision is affirmed. (Signed by Magistrate Judge Paul D Stickney on 9/8/08) (ttm) Modified on 11/19/2008 (ttm).
November 18, 2008
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Amended Memorandum Opinion and Order. The Commissioners decision is the result of prejudicial legal error. The ALJ omitted Plaintiffs mild to moderately impaired social functioning limitation during the assessment of Plaintiffs RFC to perform other work that exists in significant numbers in the national and local economies. Additionally, the Commissioners assessment of the treating psychiatrists opinion is the result of prejudicial legal error. Finally, because Plaintiffs mental impairments appear to wax and wane, the Commissioner should have followed the Singletary requirements. Accordingly, theCommissioners decision is reversed and remanded for further consideration and if necessary, further development of the record. (Ordered by Magistrate Judge Paul D Stickney on 11/19/08) (ttm)