Krauser v. Astrue, No. 10-5103 (10th Cir. 2011)
Annotate this CasePlaintiff Richard Krauser appealed the district court’s order that denied him social security and supplemental security income benefits. The Administrative Law Judge (ALJ) denied Plaintiff’s benefits on the last step of a five-step process for determining his eligibility. Among other things, the ALJ found that Plaintiff’s ailments had not met the “per se” disabling impairments that would have made him eligible, and considering his age, education and transferable work skills, Plaintiff could go back to work. The appeals council denied review, making the ALJ’s decision ripe for the Tenth Circuit to review. Plaintiff argued that the ALJ did not properly consider all of his impairments and came to the wrong conclusion after the five-step process. The Tenth Circuit found that the ALJ did not review all evidence Plaintiff submitted, particularly statements from Plaintiff’s treating physician. The Court reversed the ALJ’s holding and remanded the case for further review.
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