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Henning v. Colvin

United States District Court, N.D. Iowa

August 22, 2013

EVELYN FAYE HENNING, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant

Page 970

For Evelyn Faye Henning, Plaintiff: Ruth M Carter, LEAD ATTORNEY, Carter Law Firm PC, Columbia, MO.

For Commissioner of Social Security, agent of Michael J Astrue, agent of Carolyn W Colvin, Defendant: Matthew J Cole, Stephanie Johnson Wright, LEAD ATTORNEYS, U.S. Attorney's Office, Cedar Rapids, IA.

OPINION

Page 971

MEMORANDUM OPINION AND ORDER REGARDING REPORT AND RECOMMENDATION

MARK W. BENNETT, UNITED STATES DISTRICT JUDGE.

TABLE OF CONTENTS

I. INTRODUCTION

A. Procedural Background

B. Factual Background

1. Summary of the evidence

a. Medical evidence

b. State agency medical consultants

c. Hearing testimony

i. Henning's testimony

ii. Vocational expert's testimony

2. Summary of the ALJ's decision

C. Judge Strand's Recommendation

II. ANALYSIS

A. Standard of Review

B. Defendant's Objections

III. CONCLUSION

Page 972

This case is before me on a Report And Recommendation (R& R) (docket no. 15) from Magistrate Judge Leonard Strand recommending that I reverse and remand the Social Security Commissioner's (the Commissioner's) decision to deny Plaintiff Evelyn Henning (Henning) disability insurance benefits (DIB) under Title II of the Social Security Act. On May 23, 2013, Defendant filed objections to the R& R, requesting that I affirm the Commissioner's decision (docket no. 16). Henning did not file a response to Defendant's objections. For the reasons discussed below, I accept Judge Strand's R& R, and I remand this case for further proceedings.

I. INTRODUCTION

A. Procedural Background

In this case, Henning seeks disability benefits based on two claimed impairments: depression and prurigo nodularis, a skin condition. In his R& R, Judge Strand summarized this case's procedural background:

Henning was born in 1952 and was 56 years old on her alleged onset date of October 6, 2008. AR 13, 20. She obtained a GED in 1971 and has past relevant work as a framer and a medication technician. AR 20, 262. She protectively filed her application for DIB on May 4, 2009. AR 130-36, 198. After that claim was denied, apparently without notice, Henning filed another application on July 31, 2009. AR 137-43. That application was denied initially on September 15, 2009, and denied again on reconsideration. AR 49, 51, 58-61, 68-71. Henning requested a hearing, which was conducted [on] January 11, 2011, by Administrative Law Judge (" ALJ" ) Thomas M. Donahue. AR 13. During the hearing, Henning and a vocational expert (" VE" ) testified. AR 30-43. The ALJ issued a decision denying Henning's application on January 27, 2011. AR 13-22. ...

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