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Milligan v. Colvin

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
Sep 24, 2013
2:12-CV-101 (N.D. Tex. Sep. 24, 2013)

Summary

finding the ALJ committed legal error when he relied exclusively on the Grids

Summary of this case from Roberts v. Comm'r, SSA

Opinion

2:12-CV-101

2013-09-24

LINDA MILLIGAN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION,

REVERSING THE DECISION OF THE COMMISSIONER,

and REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS

Came for consideration plaintiff's appeal of the decision of the Commissioner of Social Security denying plaintiff disability insurance benefits and supplemental security income benefits. The United States Magistrate Judge entered a Report and Recommendation on September 6, 2013, recommending therein that the decision of the Commissioner be reversed and the case be remanded to the Commissioner for further administrative action. No objections to the Report and Recommendation have been filed of record.

The undersigned United States District Judge has made an independent examination of the record in this case. The Report and Recommendation of the United States Magistrate Judge is hereby ADOPTED. Accordingly, the Commissioner's administrative decision denying plaintiff benefits is REVERSED and the decision is REMANDED to the Commissioner for further administrative proceedings consistent with the Report and Recommendation of the Magistrate Judge, including but not limited to all action specified and recommended to be taken on remand.

IT IS SO ORDERED.

________________________

MARY LOU ROBINSON

UNITED STATES DISTRICT JUDGE


Summaries of

Milligan v. Colvin

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION
Sep 24, 2013
2:12-CV-101 (N.D. Tex. Sep. 24, 2013)

finding the ALJ committed legal error when he relied exclusively on the Grids

Summary of this case from Roberts v. Comm'r, SSA

In Milligan, where the plaintiff's impairments were "mainly mental," the court found that "[e]ither plaintiff's nonexertional impairments do significantly limit her (as determined in Step Two), or they do not significantly limit her (as determined in Step Five)."

Summary of this case from Sheila J. v. Saul

In Milligan, the court expressly rejected the Commissioner's argument that characterization of a claimant's nonexertional limitations as limiting him "to an 'unskilled' occupational base is adequate" and that "the Grids establish that there are sufficient numbers of unskilled jobs available" because they take into account "an occupational based limited to unskilled jobs."

Summary of this case from Jones v. Colvin

In Milligan, the court expressly rejected the Commissioner's argument that characterization of a claimant's nonexertional limitations as limiting him "to an 'unskilled' occupational base is adequate", and "the Grids establish that there are sufficient numbers of unskilled jobs available" because they take into account "an occupational based limited to unskilled jobs."

Summary of this case from Kern v. Colvin
Case details for

Milligan v. Colvin

Case Details

Full title:LINDA MILLIGAN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION

Date published: Sep 24, 2013

Citations

2:12-CV-101 (N.D. Tex. Sep. 24, 2013)

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