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United States Seventh Circuit


Stewart v. Astrue, 08-1739

In a dispute over attorney's fees, district court judgment that plaintiff was not entitled to attorney's fees is reversed for abuse of discretion where: 1) the ALJ contravened longstanding agency regulations by failing to specify what evidence factored into his determination to deny social security benefits; and 2) the ALJ contravened judicial precedent in its formulation of the hypothetical question given to the vocational expert as it did not include all limitations supported by medical evidence in the record.

Appellate Information

  • Argued 03/03/2009
  • Decided 04/02/2009
  • Published 04/02/2009

Judges

  • PER CURIAM., Before BAUER, KANNE, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Frederick J. Daley, Jr., Attorney, Marcie E. Goldbloom, Attorney (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • David H. Hoff, Attorney, Office of the United States Attorney, Urbana, IL, Edward P. Studzinski, Attorney (argued), Social Security Administration Office of the General Counsel, Region V, Chicago, IL, for Defendant-Appellee.
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