Douglas v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on September 2, 2009. (rw)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION
WILLIAM W. DOUGLAS, JR., v. CIVIL NO. 06-2152
MICHAEL J. ASTRUE, Commissioner Social Security Administration MEMORANDUM OPINION
Plaintiff, William W. Douglas, Jr., brought this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his claim for period of disability and disability insurance benefits (DIB) under the provisions of Title II of the Social Security Act (Act). (Doc. 1). On July 19, 2007, the District Court upheld the ALJ's decision finding plaintiff not disabled. (Doc. 12). On July 9, 2009, the United States Court of Appeals for the Eighth Circuit held that the judgment of the District Court upholding the ALJ's determination, must be reversed and remanded for further consideration of plaintiff's impairments. (Doc. 17, Attachment 2). Specifically, the ALJ is to address the medical evidence submitted to the Appeals Council regarding plaintiff's mental capacity during the relevant time period. Based on the foregoing, we hereby reverse the decision of the Commissioner and remand this case for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). DATED this 2nd day of September 2009.
/s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?