From Casetext: Smarter Legal Research

TUCK v. ASTRUE

United States District Court, W.D. Kentucky, at Bowling Green
Feb 19, 2008
CIVIL ACTION NO. 1:07CV-00084-EHJ (W.D. Ky. Feb. 19, 2008)

Summary

finding that failure to evaluate impairment of depression as "severe" at second step, combined with error to include depression in RFC, was reversible error

Summary of this case from Miller v. Astrue

Opinion

CIVIL ACTION NO. 1:07CV-00084-EHJ.

February 19, 2008


ORDER


The above matter having been referred to the United States Magistrate Judge who has filed his Findings of Fact, Conclusions of Law, and Recommendation, no objections having been filed thereto, and the Court having considered the same, adopts the Findings of Fact and Conclusions of Law as set forth in the report submitted by the United States Magistrate Judge.

IT IS HEREBY ORDERED that the final judgment of the Commissioner is REVERSED and this case is REMANDED for further proceedings to more fully develop the record regarding plaintiff's mental impairments.

This is a final and appealable Order and there is no just cause for delay.


Summaries of

TUCK v. ASTRUE

United States District Court, W.D. Kentucky, at Bowling Green
Feb 19, 2008
CIVIL ACTION NO. 1:07CV-00084-EHJ (W.D. Ky. Feb. 19, 2008)

finding that failure to evaluate impairment of depression as "severe" at second step, combined with error to include depression in RFC, was reversible error

Summary of this case from Miller v. Astrue

distinguishing Maziarz, reversing, and remanding because the ALJ failed to determine whether the plaintiff's depression is a "severe" impairment and failed to consider the limitations imposed by the plaintiff's depression and the vocational effect of those limitations

Summary of this case from Steslicki v. Comm'r of Soc. Sec.
Case details for

TUCK v. ASTRUE

Case Details

Full title:DENNIS M. TUCK PLAINTIFF v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, W.D. Kentucky, at Bowling Green

Date published: Feb 19, 2008

Citations

CIVIL ACTION NO. 1:07CV-00084-EHJ (W.D. Ky. Feb. 19, 2008)

Citing Cases

Williams v. Comm'r of Soc. Sec.

When the ALJ fails to consider the claimant's non-severe impairment when assessing the RFC, a step two error…

Stinson v. Berryhill

So long as an Administrative Law Judge finds that other impairments are severe, continues on with the…