From Casetext: Smarter Legal Research

Penn v. Astrue

United States District Court, S.D. Ohio, Eastern Division
Feb 12, 2010
Case No. 2:09-cv-00169 (S.D. Ohio Feb. 12, 2010)

Summary

finding that vocational expert testimony was required to determine if and how much the use of cane would erode the sedentary job base

Summary of this case from Foster v. Colvin

Opinion

Case No. 2:09-cv-00169.

February 12, 2010


ORDER


This case is before the Court to consider a Report and Recommendation issued by the Magistrate Judge on January 27, 2010. The time for filing objections has passed, and no objections have been filed to the Report and Recommendation. Therefore, the Court ADOPTS the Report and Recommendation. This case is REMANDED to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four. The Clerk shall enter a judgment to that effect.


Summaries of

Penn v. Astrue

United States District Court, S.D. Ohio, Eastern Division
Feb 12, 2010
Case No. 2:09-cv-00169 (S.D. Ohio Feb. 12, 2010)

finding that vocational expert testimony was required to determine if and how much the use of cane would erode the sedentary job base

Summary of this case from Foster v. Colvin

In Penn v. Astrue, No. 2:09-cv-169, 2010 WL 547491, the district court found that "[t]he consistent reference to the use of a cane (or a walker)... is enough to trigger an obligation on the part of the Commissioner to decide if such use is medically necessary and, if so, to have included that factor in the RFC analysis."

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

Penn v. Astrue

Case Details

Full title:Synetha Penn, Plaintiff, v. Michael J. Astrue, Commissioner of Social…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Feb 12, 2010

Citations

Case No. 2:09-cv-00169 (S.D. Ohio Feb. 12, 2010)

Citing Cases

Talley v. Colvin

This device must be so necessary that it would trigger an obligation on the part of the [SSA] to conclude…

Swearengin v. Berryhill

"A cane would be medically necessary if the record reflects more than just a subjective desire on the part of…