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McLeod v. Astrue, No. 09-35190

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By FindLaw Staff on December 16, 2010 7:09 PM

Appeal from Denial of Social Security Benefits

In McLeod v. Astrue, No. 09-35190, plaintiff's appeal from the denial of Social Security benefits, the court reversed where the ALJ had no duty to request more information from the two treating physicians who testified, but the ALJ's failure to help plaintiff develop the record by putting his VA disability determination into the record was "good cause" under Tonapetyan, and the disability determination is "material" under McCartey, so a remand was required.


As the court wrote:  "Gene R. McLeod applied at age 51 for supplemental security income based on disability. The Administrative Law Judge (ALJ) found that he had three severe impairments--degenerative changes of the lumbar spine, history of coronary artery disease, and sleep apnea--but none so severe as to rise to the level of "listed" impairments."

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