Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Campbell v. Astrue, 10-1314

Article Placeholder Image
By FindLaw Staff on December 06, 2010 1:28 PM

Denial of social security benefits reversed

In Campbell v. Astrue, 10-1314, the court reversed and remanded the district court's affirmance of the Social Security Administration's denial of plaintiff's application for disability insurance benefits and supplemental income as, the ALJ erred in deciding to discount plaintiff's treating psychiatrist's assessment of his functional limitations and by failing to apply the factors enumerted in 20 C.F.R. sections 404.1527(d) and 416.927(d) in deciding what weight to give that assessment.

As the court wrote: "An ALJ may not selectively discuss portions of a physician's report that support a finding of non-disability while ignoring other portions that suggest a disability.  Myles v. Astrue, 582 F.3d (7th Cir. 2009).  The ALJ failed to evaluate the entirety of the mental health assessment reviewed by Dr. Powell on December 22, 2005.  The ALJ focused her attention on section V Mental Status, instead of considering the six-page report as a whole."

Related Link:

Find a Lawyer

More Options