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Sawyer v. Astrue

United States District Court, D. Kansas
Mar 11, 2009
CIVIL ACTION No. 08-2114-KHV (D. Kan. Mar. 11, 2009)

Summary

In Sawyer, the only Kansas district court case accepting an SDM opinion as medical evidence, the court did not consider whether an SDM was a medical professional or whether such an opinion was worthy of weight as a medical opinion.

Summary of this case from Thongleuth v. Astrue

Opinion

CIVIL ACTION No. 08-2114-KHV.

March 11, 2009


ORDER


Hubert W. Sawyer, Jr. appeals the final decision of the Commissioner of Social Security to deny childhood disability benefits and supplemental security income. On February 18, 2009, Magistrate Judge Donald W. Bostwick recommended that the Commissioner's decision be reversed and that this case be remanded pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings. See Report And Recommendation (Doc. #16). The deadline for written objections to the report and recommendation was March 4, 2009. See Rules 72(a) and 6(a), Fed.R.Civ.P. The parties have not objected. The Court therefore adopts the Report And Recommendation (Doc. #16) in its entirety.

IT IS THEREFORE ORDERED that the Commissioner's decision be and hereby is REVERSED. This case is REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report And Recommendation (Doc. #16) filed February 18, 2009.


Summaries of

Sawyer v. Astrue

United States District Court, D. Kansas
Mar 11, 2009
CIVIL ACTION No. 08-2114-KHV (D. Kan. Mar. 11, 2009)

In Sawyer, the only Kansas district court case accepting an SDM opinion as medical evidence, the court did not consider whether an SDM was a medical professional or whether such an opinion was worthy of weight as a medical opinion.

Summary of this case from Thongleuth v. Astrue

relying upon opinion of SDM, among other evidence, as "medical evidence that plaintiff can work full-time"

Summary of this case from Thongleuth v. Astrue

In Sawyer, the single Kansas district court case accepting an SDM opinion as medical evidence, the court did not consider the issue of whether an SDM was a medical professional or whether such an opinion was worthy of weight as a medical opinion.

Summary of this case from Hunter v. Astrue
Case details for

Sawyer v. Astrue

Case Details

Full title:HUBERT W. SAWYER, JR. Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, D. Kansas

Date published: Mar 11, 2009

Citations

CIVIL ACTION No. 08-2114-KHV (D. Kan. Mar. 11, 2009)

Citing Cases

Thongleuth v. Astrue

Fla. Sept. 24, 2009) (remanding with directions not to rely upon determination by SDM); Smith v. Astrue, No.…

Sadler v. Colvin

Astrue, No. 07-115-GWU, 2008 WL 4400685 at *5 (E.D. Ky. Sept. 23, 2008)(ALJ relied upon opinion of, among…