United States Fifth Circuit

Denial of a claim for disability insurance benefits on account of back and neck problems, migraine headaches, and depression is vacated as: 1) the ALJ erred in failing to state any reason for an adverse determination at step 3; and 2) claimant met her burden of demonstrating that she met a Listing requirements for certain spinal disorders, and therefore her substantial rights were affected by an ALJ's failure to set out the bases for her decision at step three.

Appellate Information

• Decided 09/21/2007
• Published 09/24/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Frederick Ketcherside, Jackson, TN, for Audler., Stephen R. Graben, Asst. U.S. Atty., Gulfport, MS, for Astrue.