Clement v. Social Security Administration

Filing 15

JUDGMENT that the decision of the ALJ is REVERSED and this matter is REMANDED for futher proceedings. Signed by Judge Richard T Haik, Sr on 9/29/09. (crt,Brazell, G)

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1~ECEIVED USOC W~iSTE~NISTRICT OF LA D TONY R. !OORE, CLERK DATE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION GREGORY PAUL CLEMENT VERSUS MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY CIVIL ACTION 08-450 JUDGE HAIK MAGISTRATE JUDGE METHVIN JUDGMENT This matter was referred to United States Magistrate Judge Mildred Methvin for Report and Recommendation. After an independent review of the record, including the objections filed by the claimant, the Court disagrees with the opinion of the Magistrate Judge that the errors committed were necessarily harmless. It is hereby held that the decision of the AU is REVERSED and this matter is REMANDED for further proceedings to include an analysis of the treating physician opinions and a complete review and proper analysis of whether Listing 11 .04B and 11.06 requirements have been met. THUS DONE and SIGNED on this 29~ ay o, Septemb d , 200 DG RICHARD T. AIK, SR. UNIT D STATES DISTRICT COURT

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