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GUTZMAN v. APFEL

No. 4:99CV535.

109 F.Supp.2d 1129 (2000)

Johnene GUTZMAN, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, D. Nebraska.

August 23, 2000.

Attorney(s) appearing for the Case

Joe M. Hawbaker, Omaha, NE, for plaintiff.

Ellyn Grant, Assistant United States Attorney, Omaha, NE, for defendant.

MEMORANDUM AND ORDER

KOPF, Chief Judge.

Because the Administrative Law Judge (ALJ) improperly evaluated a treating doctor's opinion, I will reverse the decision denying Plaintiff benefits. I will also remand for further review.

While it may be that the treating physician's opinion should ultimately be rejected when that opinion is properly examined, the ALJ must correctly probe the basis of the doctor's assessment before spurning it. The reasons...

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