From Casetext: Smarter Legal Research

O'Donnell v. Astrue

United States District Court, M.D. Florida, Tampa Division
Jun 9, 2008
Case No: 8:07-CV-789-T-30TGW (M.D. Fla. Jun. 9, 2008)

Summary

finding that a VE opinion that is flawed cannot support a finding that the plaintiff was not disabled

Summary of this case from Wimpee v. Berryhill

Opinion

Case No: 8:07-CV-789-T-30TGW.

June 9, 2008


ORDER


THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Thomas G. Wilson (Dkt. #13). The Court notes that neither party filed written objections to the Report and Recommendation and the time for filing such objections has elapsed.

After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.

ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

1. The Report and Recommendation (Dkt. #13) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

2. The decision of the Defendant Commissioner is REVERSED and REMANDED for further proceedings.

3. The Clerk is directed to close this case.

DONE and ORDERED in Tampa, Florida.


Summaries of

O'Donnell v. Astrue

United States District Court, M.D. Florida, Tampa Division
Jun 9, 2008
Case No: 8:07-CV-789-T-30TGW (M.D. Fla. Jun. 9, 2008)

finding that a VE opinion that is flawed cannot support a finding that the plaintiff was not disabled

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

O'Donnell v. Astrue

Case Details

Full title:WILLIAM J. O'DONNELL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Jun 9, 2008

Citations

Case No: 8:07-CV-789-T-30TGW (M.D. Fla. Jun. 9, 2008)

Citing Cases

Wimpee v. Berryhill

Given that unreliable or flawed evidence cannot support a finding of disability, the Court finds that the ALJ…