Gordon v. Saul

Filing 23

ORDER reversing and remanding. Signed on 2/23/2022 by District Judge M. Douglas Harpool. (Maerz, Mary)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

MARILYN SUE GORDON,
v.

Plaintiff,

KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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Case No. 20-00507-CV-MDH-SSA

ORDER

Before the Court is Plaintiff Marilyn Sue Gordon's appeal of Defendant Social Security
Administration Commissioner's denial of her application for disability insurance benefits under
Title II of the Social Security Act. Plaintiff exhausted her administrative remedies, and the matter
is now ripe for judicial review. After carefully reviewing the record, the Court finds that the
Commissioner's decision is not supported by substantial evidence in the record as a whole and the
decision is reversed and remanded.

BACKGROUND

Plaintiff applied for disability insurance benefits under Title II of the Social Security Act
(Act), 42 U.S.C. §§ 401-434 (Tr. 67-71). Section 205(g) of the Act, 42 U.S.C. § 405(g), provides
for judicial review of a "final decision" of the Commissioner of the Social Security Administration
(SSA). Plaintiff's claim was denied initially (Tr. 70-81). On July 31, 2019, following a hearing, an
Administrative Law Judge (ALJ) found that Plaintiff was not disabled as defined in the Act (Tr.
7-28).

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CONCLUSION
For the reasons set forth herein, the Court finds there is not substantial evidence in the
record as a whole to support the ALJ's determination. Accordingly, the Commissioner's decision
denying benefits to Plaintiff is reversed and remanded to the Commissioner for further proceedings
consistent with this Order.

IT IS SO ORDERED.
Dated: February 23, 2022

Isl Douglas Harpool
DOUGLAS HARPOOL
United States District Judge

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