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Marquez v. Astrue

April 20, 2009

LOREN C. MARQUEZ, O/B/O A.N.M., PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: VICTOR B. Kenton United States Magistrate Judge

MEMORANDUM OPINION AND ORDER

(Social Security Case)

This matter is before the Court for review of the decision by the Commissioner of Social Security denying Plaintiff's application for disability benefits. Pursuant to 28 U.S.C. §636(c), the parties have consented that the case may be handled by the Magistrate Judge. The action arises under 42 U.S.C. §405(g), which authorizes the Court to enter judgment upon the pleadings and transcript of the Administrative Record ("AR") before the Commissioner. The parties have filed the Joint Stipulation ("JS"), and the Commissioner has filed the certified AR.

Plaintiff raises the following issues:

1. Whether the Administrative Law Judge ("ALJ") violated Plaintiff's due process rights;

2. Whether any of Plaintiff's impairments or combination of impairments meet or medically equal any Listing;

3. Whether the ALJ's determination that Plaintiff's disability ceased in March 2004 is supported by substantial evidence;

4. Whether the ALJ properly relied on Dr. Meyers' and Dr. Taylor's reports;

5. Whether the ALJ improperly rejected Dr. Shuhibar's and Dr. Heindselman's reports;

6. Whether the ALJ properly assessed the credibility of Plaintiff and of Plaintiff's mother; and

7. Whether the ALJ failed to develop the record.

This Memorandum Opinion will constitute the Court's findings of fact and conclusions of law. After reviewing the matter, the Court concludes that for the reasons set forth, the decision of the Commissioner must be reversed, and the matter remanded for new hearing before a reassigned ALJ.

The Court will address only those issues necessary to a ...


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