From Casetext: Smarter Legal Research

BUI v. ASTRUE

United States District Court, D. Oregon
Aug 25, 2009
Civil No. 08-1279-CL (D. Or. Aug. 25, 2009)

Opinion

Civil No. 08-1279-CL.

August 25, 2009


ORDER


On July 29, 2009, Magistrate Judge Clarke filed his Report and Recommendation, which recommends reversing the decision of the Commissioner and remanding the matter for further administrative proceedings. No party has objected to that Recommendation. The matter is now before me for de novo review pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).

Conclusion

Magistrate Judge Clarke's Report and Recommendation (docket # 19) are adopted. The decision of the Commissioner is reversed and the matter remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings.

On remand, the Administrative Law Judge will determine Plaintiff's education level and provide a proper hypothetical to the Vocational Expert. If there may be a conflict between Plaintiff's abilities and the jobs the Vocational Expert identifies as potentially suitable for Plaintiff, the Administrative Law Judge will inquire further and require a reasoned explanation from the Vocational Expert.

IT IS SO ORDERED.


Summaries of

BUI v. ASTRUE

United States District Court, D. Oregon
Aug 25, 2009
Civil No. 08-1279-CL (D. Or. Aug. 25, 2009)
Case details for

BUI v. ASTRUE

Case Details

Full title:VU M. BUI, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, D. Oregon

Date published: Aug 25, 2009

Citations

Civil No. 08-1279-CL (D. Or. Aug. 25, 2009)

Citing Cases

Turcotte v. Astrue

An ALJ's consideration of a claimant's educational level, which is to be performed at step five of the…

Santiago v. Astrue

That is so because, as the Ninth Circuit has so picturesquely stated, "`[d]isability does not mean that a…