HENSLEY v. ASTRUE

No. 08-6389.

573 F.3d 263 (2009)

Terry HENSLEY, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 21, 2009.


Attorney(s) appearing for the Case

ON BRIEF: Julie Anne Atkins, Atkins Law Office, Harlan, Kentucky, for Appellant. Jerome M. Albanese, Anita Kay Brotherton, Holly Abernethy Grimes, Mary Ann Sloan, Dennis Robert Williams, Social Security Administration, Office of General Counsel, Atlanta, Georgia, John S. Osborn III, Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before MOORE, GIBBONS, and FRIEDMAN, Circuit Judges.


OPINION

FRIEDMAN, Circuit Judge.

Once again, we reject the Commissioner of Social Security's denial of a claim for social security disability benefits because the administrative law judge ("administrative judge") who adjudicated the claim failed to give controlling weight to a medical evaluation by the claimant's treating physician or to explain his reasons for such action. We therefore vacate the judgment of the United States District Court for the Eastern...

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