Mayhew v. Social Security Administration, No. 4:2008cv00356 - Document 14 (E.D. Mo. 2008)
Court Description: OPINION,MEMORANDUM, AND ORDER: IT IS HEREBY ORDERED that the decision of the Commissioner is reversed and remanded under Sentence 4 of 42 USC 405(g) (see order for further details). Signed by Honorable Henry E. Autrey on 12/30/08.(TRC)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ROBERT MAYHEW, III, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant, ) ) ) ) ) ) ) ) ) ) Case No. 4:08CV356 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on the Report and Recommendation, of Magistrate Judge David D. Noce that the decision of the Commissioner be reversed and remanded. None of the parties have filed any objections to the Report and Recommendation within the prescribed time period. After careful consideration, the Court will adopt and sustain the sound reasoning of Judge Noce as set forth in his December 8, 2008 Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that the decision of the Commissioner is reversed and remanded under Sentence 4 of 42 U.S.C. ยง 405(g). Upon remand, the ALJ should expressly determine the credibility of Katherine Mayhew s third-party function report, and decide whether the report is credible or not credible. If the ALJ finds the report credible, he should then determine whether the report changes the outcome of the decision. On remand, the ALJ should also discuss in greater detail the Polaski factors and their application to Mayhew s subjective complaints. A separate judgment in accordance with this Order is entered this same date. Dated this 30th day of December, 2008. _______________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2- -3-
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