United States Eighth Circuit

In an action involving social security benefits, district court's order affirming the denial of benefits is reversed and remanded where plaintiff alleged a severe mental impairment as the reason why she could not return to her past relevant work, and thus the ALJ erred in applying the Medical-Vocational Guidelines at Step 5 of the analysis instead of taking testimony from a Vocational Expert.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• BEAM, Circuit Judge., Before LOKEN, Chief Judge, BEAM, Circuit Judge, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy C. Harlan, argued, Columbia, MO, for appellant.


• For Appellees:
  
• Robert M. Smith, Special AUSA, argued, Kansas City, MO, for appellee.