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Mitchell v Astrue, Case No 10-cv-539-PB, Op. No. 2012 DNH 054 (D.N.H., March 13, 2012)

Date: 
03/13/2012
Author: 
Paul Barbadoro, US District Judge
DRB reviewed and upheld ALJ decision (Step 4 denial may have been error but agreed with ALJ's alternative Step 5 denial finding).
 
Cervico-thoracic degenerative disease and myofascial pain.
 
ALJ analysis of treating source opinion was factually incorrect. ALJ's failure to give specific reasons for discounting treater's opinion on claimant's ability to work full-time. Ct cites SSR 96-2p for re: weighing rule. Ct. seems peeved by defendant's statement that SSA is not required engage in "slavish discussion of all potentially applicable factors" - since ALJ did not reference any of the factors.
 
Cites 96-8p for definition of ability to work a 40 hr week on a sustained basis.
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