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Kempel v. Astrue

United States District Court, D. Kansas
Jan 4, 2010
Case No. 08-4130-JAR (D. Kan. Jan. 4, 2010)

Summary

noting that practice of SDMs signing forms in space designated for medical consultant's signature leads to ALJs relying on their opinion as medical evidence and noting that SDM's assessment has no evidentiary weight

Summary of this case from Stewart v. Astrue

Opinion

Case No. 08-4130-JAR.

January 4, 2010


ORDER ADOPTING REPORT AND RECOMMENDATION


Fourteen days having passed, and no written objections being filed to the proposed findings and recommendations filed by Magistrate Judge Gerald B. Cohn, and after a de novo determination upon the record pursuant to Fed.R.Civ.P. 72(b), the Court accepts the recommended decision and adopts it as its own.

IT IS THEREFORE ORDERED that the decision of the Commissioner be reversed, and that the case be remanded pursuant to the fourth sentence of 42 U.S.C. § 405(g), for further proceedings in accordance with the December 14, 2009 Report and Recommendation (Doc. 24).

IT IS SO ORDERED.


Summaries of

Kempel v. Astrue

United States District Court, D. Kansas
Jan 4, 2010
Case No. 08-4130-JAR (D. Kan. Jan. 4, 2010)

noting that practice of SDMs signing forms in space designated for medical consultant's signature leads to ALJs relying on their opinion as medical evidence and noting that SDM's assessment has no evidentiary weight

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

Kempel v. Astrue

Case Details

Full title:JERRY KEMPEL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, D. Kansas

Date published: Jan 4, 2010

Citations

Case No. 08-4130-JAR (D. Kan. Jan. 4, 2010)

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