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Alday v. Astrue

United States District Court, N.D. Florida, Panama City Division
Feb 11, 2009
CASE NO.: 5:08cv217-SPM/WCS (N.D. Fla. Feb. 11, 2009)

Summary

holding a history of unskilled and semiskilled work with daily activity consisting of sweeping, walking grandchildren to school, doing laundry, taking care of a dog, and watching television, did not show the claimant had "exceeded the prognosis of [her IQ] scores through adaptive behavior

Summary of this case from Southard v. Colvin

Opinion

CASE NO.: 5:08cv217-SPM/WCS.

February 11, 2009


ORDER


THIS CAUSE comes before the court on the magistrate judge's report and recommendation dated January 9, 2009 (doc. 15). Each party has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.

Accordingly, it is hereby ORDERED as follows:

1. The magistrate judge's report and recommendation (doc. 15) is adopted and incorporated by reference in this order.

2. The decision of the Commissioner to deny Plaintiff's application for Social Security benefits is reversed. The Commissioner shall grant Plaintiff's application for benefits.

DONE AND ORDERED.


Summaries of

Alday v. Astrue

United States District Court, N.D. Florida, Panama City Division
Feb 11, 2009
CASE NO.: 5:08cv217-SPM/WCS (N.D. Fla. Feb. 11, 2009)

holding a history of unskilled and semiskilled work with daily activity consisting of sweeping, walking grandchildren to school, doing laundry, taking care of a dog, and watching television, did not show the claimant had "exceeded the prognosis of [her IQ] scores through adaptive behavior

Summary of this case from Southard v. Colvin

reversing for benefits because "there is no evidence here that Plaintiff was malingering or failing to make an effort on the I.Q. test, and the psychologist found the test scores to be valid. There are no equivocal diagnoses here. The psychologist did not find Plaintiff to be in the higher range of borderline intellectual functioning. Plaintiff's work history has been discontinuous, has not involved skilled work (parts manager, auto mechanic, cosmetology) or supervision of others. . . . Therefore, the evidence of Plaintiff's work history is not substantial evidence in the record to discount her I.Q. scores."

Summary of this case from Lewis v. Colvin

rejecting the ALJ's reliance on evidence that the claimant had a boyfriend, did housework, took care of a pet, and helped with her grandchildren

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

Alday v. Astrue

Case Details

Full title:JUDY ALDAY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, N.D. Florida, Panama City Division

Date published: Feb 11, 2009

Citations

CASE NO.: 5:08cv217-SPM/WCS (N.D. Fla. Feb. 11, 2009)

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