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McCoy v. Soc. Sec. Admin.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION
Oct 16, 2012
Cause No. 3:11-cv-757-CWR-FKB (S.D. Miss. Oct. 16, 2012)

Summary

holding the ALJ's finding of mildly limiting mental impairments at step two but failure to address those impairments later required remand

Summary of this case from Barron v. Berryhill

Opinion

Cause No. 3:11-cv-757-CWR-FKB

10-16-2012

LARRY MCCOY PLAINTIFF v. SOCIAL SECURITY ADMINISTRATION DEFENDANT


ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court pursuant to the Report and Recommendation of United States Magistrate Judge F. Keith Ball entered on September 27, 2012 [Docket No. 18], which clearly notified the respective parties in the above-styled and numbered cause that failure to file written objections to the findings and recommendations contained therein within fourteen (14) days from the date of filing would bar further appeal in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b)(2). This Court, finding that there has been no submission of written objections by any party, hereby adopts said Report and Recommendation as the Order of this Court. Accordingly, the plaintiff's motion for summary judgment and the defendant's motion to affirm [Docket Nos. 12 and 15] are denied, and this matter is remanded to the Social Security Administration.

Carlton W. Reeves

UNITED STATES DISTRICT JUDGE


Summaries of

McCoy v. Soc. Sec. Admin.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION
Oct 16, 2012
Cause No. 3:11-cv-757-CWR-FKB (S.D. Miss. Oct. 16, 2012)

holding the ALJ's finding of mildly limiting mental impairments at step two but failure to address those impairments later required remand

Summary of this case from Barron v. Berryhill

finding ALJ's legal error not to be harmless when he failed altogether to address plaintiff's non-severe mental impairment after Step Two

Summary of this case from Arteaga v. Berryhill
Case details for

McCoy v. Soc. Sec. Admin.

Case Details

Full title:LARRY MCCOY PLAINTIFF v. SOCIAL SECURITY ADMINISTRATION DEFENDANT

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION

Date published: Oct 16, 2012

Citations

Cause No. 3:11-cv-757-CWR-FKB (S.D. Miss. Oct. 16, 2012)

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Barron v. Berryhill

The ALJ performed a more complete analysis of Plaintiff's limitations than was done in the Listing analysis,…

Arteaga v. Berryhill

The Court, therefore, cannot conclude the ALJ's use of the incorrect legal standard at Step Two was harmless.…