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Spiva v. Astrue, 10-2083

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By FindLaw Staff on December 06, 2010 1:17 PM

Denial of social security disability claims reversed

In Spiva v. Astrue, 10-2083, the court reversed and remanded the district court's affirmance of a denial of plaintiff's application for social security disability claim as, an ALJ is required to determine whether, despite his limitations, the applicant for benefits can do his previous work, and here, the ALJ made no finding concerning what jobs plaintiff might be capable of doing besides his previous job at Walmart, and how many such jobs might be available in the Milwaukee area.

As the court wrote: "The basis for the administrative law judge's finding that Spiva's mental impairments limit his social functioning must have been (though she didn't say so) Janise Hinson's determination that Spiva is capable of interacting with coworkers and supervisors on a limited basis.  The questionis whether that limited basis is nevertheless consistent with his being able to work full time.  The administrative law judge did not address that question, for when she expressed concern with Spiva's credibility and concluded that he could do his old job at Walmart she made no mention of his mental impairments." 

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