Decisions
This section of the Web Site contains opinions selected by individual Judges for posting and is not intended to constitute a complete set of opinions for the district or any Judge. The decisions are organized by categories listed on the lower left portion of this page. If you would like to do a word search of the entire database or individual categories you may do so by clicking on the search button below.


JudgeCan be sorted ascendingCase TypeCase NameDate Filed
Show details for Judge Linda R. ReadeJudge Linda R. Reade
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-Toye v. Astrue -- Report and Recommendation on judicial review of denial of application for supplemental security income. In recommending remand for further proceedings, court found that the ALJ erred in considering the claimant's daily living activities in determining his credibility. 06/01/2012
-Miller v. Astrue -- Order remanding under sixth sentence of 42 USC 405(g) for ALJ to consider additional evidence. Court found that good cause existed for not submitting new, material evidence to ALJ that reasonably would have changed ALJ's decision.04/05/2012
-Mosley v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for Title II disability insurance benefits and Title XVI Supplemental Security Income. Court reversed Commissioner's decision and remanded for an award of benefits because substantial evidence did not support ALJ's adverse determination of claimant's credibility.03/29/2012
-Bell v. Astrue -- Order granting in part plaintiff's motion for remand under sixth sentence of 42 USC 405(g) for ALJ to consider additional evidence attached to plaintiff's motion. Court found that evidence was new and material and that plaintiff showed good cause for not incorporating it in the administrative record.02/10/2012
-Rahe v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability insurance benefits. Court found that ALJ's failure to submit claimant's requested supplemental post-hearing interrogatories to vocational expert denied claimant the opportunity to cross-examine the expert, violating claimant's right to due process.12/14/2011
-Higginbottom v. Astrue -- Report and Recommendation on judicial review of denial of application for supplemental security income. Court found that physician assistant's opinion submitted to the Appeals Council after the ALJ's decision was new, material evidence warranting consideration by the ALJ pursuant to Social Security Ruling 06-3p. Court further recommended remand for the ALJ to weigh evidence of claimant's GAF scores and to detemrine whether the scores indicated an inability to work. 11/30/2011
-Dawdy v. Astrue -- Report and Recommendation on judicial review of denial of applications for disability insurance benefits and supplemental security income. In recommending remand for further proceedings, court found that ALJ (1) did not articulate reason to discount evidence of claimant's GAF score that, according to vocational expert, would preclude him from working and (2) did not articulate weight given to the opinion of claimant's treating physician that claimant would miss two days of work per month, which would preclude claimant from competitive employment, according to the vocational expert. 10/25/2011
-Swett v. Astrue -- Report and Recommendation on judicial review of denial of applications for disability insurance benefits and supplemental security income. Court found that substantial evidence in the record as a whole supported ALJ's assessment of claimant's credibility and residual functional capacity.08/31/2011
-Tippie v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability insurance benefits. Court found substantial evidence supported Commissioner's decision that claimant was not disabled.06/08/2011
-Sangel v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability insurance benefits. Court found substantial evidence supported Commissioner's decision that claimant was not disabled.05/23/2011
-Shaver v. Astrue -- Order granting defendant's motion to dismiss under Fed. R. Civ. P. 12(b)(6) and dismissing plaintiff's complaint with prejudice. Court found that the complaint was untimely filed because it was filed more than sixty days after plaintiff presumptively received notice of the Appeals Council's denial of review. Further, circumstances warranting equitable tolling of the sixty-day deadline were absent, and the filing of a civil cover sheet by itself did not constitute the filing of a complaint.05/12/2011
-Gustin v. Astrue -- Order granting in part and denying in part motion for attorney fees under EAJA. Plaintiff was a prevailing party, and the Commissioner's position was not substantially justified. Postage related to service of process was reimbursable as an expense under EAJA and not a a cost. Plaintiff's filing fee was taxable as a cost and payable by the Treasury and not by the Social Security Adminsitration.04/19/2011
-Clark v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability benefits. Court found substantial evidence supported the ALJ's decision that claimant was not disabled due to back pain.03/14/2011
-Rittenhouse v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for Title II disability insurance benefits and Title XVI supplemental security income benefits. Court found substantial evidence supported the ALJ's decision that claimant was not disabled due to rheumatoid arthritis.03/04/2011
-Gustin v. Astrue -- Memorandum Opinion and Order on judicial review of decision denying claimant's applications for Title II disability insurance benefits and Title XVI supplemental security income benefits. Court found ALJ erred in failing to give controlling weight to opinion of claimant's treating rheumatologist, who opined claimant would e unable to work full-time.02/28/2011
-Wagner v. Astrue -- Report and Recommendation on judicial review of denial of application for Title II disability insurance benefits. In recommending remand for further proceedings, the Court found ALJ erred in failing to discuss fully her finding that the claimant's condition did not meet Listing 1.04(a), spinal disorders, and in developing the record fully and fairly on the issue of the claimant's gastrointestinal disorder.01/26/2011
-Bendlin v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for Title II disability insurance benefits and Title XVI Supplemental Security Income benefits. Court found the record evidence could support two inconsistent conclusions, one of which was the Commissioner's conclusion that claimant was not disabled, and therefore the Commissioner's decision was affirmed.01/21/2011
-Cuvelier v. Astrue -- Report and Recommendation on parties' joint motion for sentence four remand. Court found entry of judgment is the 'substantive ruling' required in order to grant a sentence four remand, and recommended the motion be granted without full briefing and review of the entire administrative record.09/14/2010
-Lindstrom v. Astrue -- Report and Recommendation on judicial review of denial of Title II disability insurance benefits. Court found ALJ erred in failing to comply with previous remand order in connection with his decision that claimant's substance abuse was a material contributing factor in the disability determination.09/01/2010
-Burroughs v. Astrue -- Order on motion for sentence four remand. Court found full review of the record is unnecessary to grant joint motion for sentence four remand, as long as the remand order expressly reverses the Commissioner's decision and directs entry of judgment.09/01/2010
-Meyerhoff v. Astrue -- Report and Recommendation on judicial review of denial of Title XVI Supplemental Security Income benefits. Court found ALJ erred in failing to include all of claimant's limitations in hypothetical question to vocational expert and in the ALJ's RFC determination, and recommended remand to determine claimant's disability onset date and for calculation and award of benefits.07/26/2010
-Polson v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability insurance benefits. Court found substantial evidence supported Commissioner's decision that claimant was not disabled.07/19/2010
-Hovenga v. Astrue -- Memorandum Opinion and Order on judicial review of denial of disability insurance and supplemental security income benefits. Court found ALJ had failed to make a complete and proper credibility analysis and failed to ask clear hypothetical questions, and Appeals Council erred in failing to consider a medical source statement submitted after the ALJ's decision. Case remanded for further development of the record. 06/07/2010
-Bloom v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for disability insurance benefits and supplemental security income. Court found substantial evidence in the record supported the ALJ's decision that the claimant was not disabled. 06/02/2010
-Huisman v. Astrue -- Memorandum Opinion and Order on judicial review of denial of Title II disability insurance benefits. Court found ALJ's residual functional capacity assessment was not supported by the record, and ALJ failed to make a proper credibility analysis. Case remanded for further proceedings.04/21/2010
-Evers v. Astrue -- Report and Recommendation on judicial review of ALJ's denial of claimant's applications for disability insurance benefits and supplemental security income. Court found ALJ gave appropriate weight to treating physicians' opinions, properly evaluated claimant's Global Assessment of Functioning (GAF) scores, was not required to obtain vocational expert testimony, and properly evaluated claimant's credibility.04/20/2010
-Havil v. Astrue -- Judicial review of decisions denying plaintiff's applications for disability insurance and supplemental security income benefits under the Social Security Act. After two remands for further proceedings, court found ALJ still had erred in failing to obtain proper vocational expert testimony to support decision that plaintiff was not disabled. Court found vocational expert's testimony was not adequately supported by evidence in the record, and further found the record evidence supported an immediate award of benefits.03/03/2010
-Kliment v. Astrue -- Report and Recommendation on judicial review of denial of applications for disability insurance and supplemental security income benefits under the Social Security Act. Court recommended remand for further proceedings, finding the ALJ erred in failing to give proper consideration to opinions of examining psychologists, and in posing an improper hypothetical question to vocational expert.02/23/2010
-Wellenstein v. Astrue -- Report and Recommendation on judicial review of denial of Title II disability insurance and Title XVI supplement security income benefits. Court found ALJ gave appropriate weight to opinions of claimant's doctor and therapist, but ALJ failed to conduct a complete credibility analysis, making remand appropriate.01/26/2010
-Lynch v. Astrue -- Report and Recommendation on judicial review of denial of applications for disability insurance and supplemental security income benefits. Court found substantial evidence supported the ALJ's decision that claimant was not disabled, and recommended the Commissioner's decision be affirmed.12/04/2009
-Vanbogart v. Astrue -- Order denying motion for EAJA fees as untimely.11/17/2009
-Gacke v. Astrue -- Memorandum Opinion and Order on judicial review of denial of disability insurance benefits under Title II of the Social Security Act. Court found substantial evidence supported the Commissioner's decision that claimant was not disabled due to obesity, or difficulties with concentration, persistence, or pace.09/28/2009
-Wensel v. Astrue -- Order on motion of plaintiff's counsel for attorney's fees pursuant to 42 USC 406(b). Court found fee equal to 25% of past-due benefits was excessive under the Gisbrecht factors, and reduced the fee award to approximately 18.6% of the past-due benefits.09/11/2009
-Cole v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for disability insurance benefits under Title II of the Social Security Act. Court found ALJ misinterpreted the evidence of record, and held the record did not contain substantial evidence to support the Commissioner's decision that the claimant was not disabled due to muscular dystrophy and related symptoms. 09/02/2009
-Carver v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for Title II disability insurance and Title XVI supplemental security income benefits. Court reversed Commissioner's decision, finding claimant disabled due to ongoing pain from previously broken ankle; arthritis in lower back, right ankle, and foot; and pain in right ankle, back, and hip.08/07/2009
-Matheis v. Astrue -- Report and Recommendation on judicial review of denial of applications for Title II disability insurance and Title XVI supplemental security income benefits. Court found ALJ erred in substituting his own opinions for those of claimant's treating physician, and ALJ based his decision on speculation rather than on the evidence of record. 07/20/2009
-Vanbogart v. Astrue -- Memorandum Opinion and Order reversing Commissioner's denial of Title II disability insurance benefits. Court found plaintiff's migraine headaches would cause her ot miss three or more days of work per month, rendering her disabled.07/13/2009
-Blazek v. Astrue -- Report and Recommendation on judicial review of denial of Title II disability insurance benefits. Court found overwhelming evidence supported Commissioner's decision that claimant was not disabled.05/27/2009
-Ptikin v. Astrue -- Memorandum Opinion and Order on judicial review of denial of Title II disabilty insurance benefits. In reversing and remanding for immediate finding of disability, court found the evidence of record uniformly indicated claimant suffered from severe mental impairment due to his schizophrenia, and he could not be expected to engage in any gainful employment.05/06/2009
-Fink v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability benefits. Court found ALJ properly weighed the medical evidence, and substantial evidence supported the Commissioner's decision that the claimant was not disabled.04/17/2009
-Kunert v. Astrue -- Memorandum Opinion and Order on judicial review of denial of Title II disability insurance benefits. Court found that although claimant's condition may have worsened to the point of disability since the expiration of her insured status, the record contained substantial evidence to support the Commissioner's decision that claimant was not disabled due to back pain or mental health problems prior to her date last insured.04/08/2009
-Moriarity v. Astrue -- Report and Recommendation on judicial review of denial of Title II disability insurance benefits and Title XVI supplemental security income benefits. Court found Commissioner erred in failing to give proper consideration and weight to treating psychiatrist's opinion that claimant's bipolar disorder would prevent her from working. 04/07/2009
-Maxon v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for Title II disability insurance and Title XVI supplemental security income benefits. Court found ALJ erred in failing to give proper weight to treating physician's opinion and in posting an inaccurate hypothetical question to the vocational expert. Case remanded for award of benefits from onset date to date of plaintiff's back surgery, and for further development of the record regarding plaintiff's impairments following her surgery. 03/27/2009
-Volkert v. Astrue -- Memorandum Opinion and Order on judicial review of denial of Title II disability insurance benefits. Court found ALJ failed to develop the record fully and fairly with regard to claimant's mental impairments, and remanded case for further proceedings. 03/23/2009
-Miller v. Astrue -- Memorandum Opinion and Order on review of decision denying plaintiff's application for Title XVI supplemental security income benefits. Court found substantial evidence supported the Commissioner's decision that Miller was not disabled. 03/23/2009
-Rohde v. Astrue -- Memorandum Opinion and Order on judicial review of denial of application for Title II disability benefits. In affirming the Commissioner's denial of benefits, Court found claimant's subjective complaints of disabling back and leg pain were inconsistent with the record as a whole.03/12/2009
-Jayson Johnson v. Astrue -- Memorandum Opinion and Order on judicial review of denial of applications for disability insurance and supplemental security insurance benefits. Court affirmed Commissioner's decision that substance abuse is a material factor in the plaintiff's disability. 02/24/2009
-Franks v. Astrue -- Report and Recommendation on judicial review of denial of Title II disability insurance benefits. Court found ALJ erred in discounting claimant's subjective complaints, where claimant failed to seek medical treatment for many years due to doctors' advice that her condition, an ateriovenous malformation, was untreatable.12/15/2008
-Gray v. Astrue -- Report and Recommendation on judicial review of denial of application for Title II disability insurance benefits. Court found ALJ and Appeals Council erred in giving insufficient weight to opinions of treating physician and nurse practitioner regarding claimant's limitations.11/20/2008
-Lwis v. Astrue - Report and Recommendation on judicial review of denial of application for Title II disability benefits. Court found claimant failed to provide adequate evidence that she was disabled prior to her date last insured of December 31, 1997.11/07/2008
-Malmquist v. Astrue -- Report and Recommendation on judicial review of denial of Title II disability insurance and Title XVI Supplemental Security income benefits. Court found ALJ erred in finding substance abuse was a material factor contributing to claimant's disability, but further found the record evidence was insufficient with regard to claimant's mental abilities to support the Commissioner's decision.11/06/2008
-Combs v. Astrue - Order denying motion for supplemental attorney's fees for services performed at the administrative level. Court held administrative fees are determinable only by the agency, not by the courts.10/16/2008
-Joran v. Astrue - Memorandum Opinion and Order on judicial review of denial of Title II disability insurance and Title XVI supplemental security income benefits. Court found ALJ failed to give proper weight to treating physician's opinions, and vocational expert's response to hypothetical question that did not include limitations suggested by treating physician could not support denial of benefits. Case reversed and remanded for further proceedings.10/15/2008
-Glawatz v. Astrue -- Order granting plaintiff's motion to remand for consideration of further evidence pursuant to sentence six of 42 USC 405(g).08/21/2008
-Jensen v. Astrue - Memorandum Opinion and Order on judicial review of denial of applications for Title II disability insurance and Title XVI supplemental security income benefits. Taking into account medical records that were presented to Appeals Council, but were not before the ALJ at the time of his decision, court found claimant disabled due to mental impairments, but further found claimant failed to show his disability began prior to expiration of his insured status for Title II purposes. 07/30/2008
-Erickson v. Astrue -- Report and Recommendation on judicial review from denial of Title XVI supplemental security income benefits. Court found ALJ erred in failing to give proper weight to opinions of treating physician, and in failing to appreciate the debilitating effects of fibromyalgia.07/16/2008
-Handke ex rel. Estate of Davis v. Astrue - Order on motion for attorney's fees and costs under Equal Access to Justice Act and 42 USC 406(b)05/16/2008
Show details for Judge Jon Stuart ScolesJudge Jon Stuart Scoles
Show details for Judge Donald E. O'BrienJudge Donald E. O'Brien
Show details for Judge Edward J McManusJudge Edward J McManus
Show details for Judge Leonard T. StrandJudge Leonard T. Strand