MINOR v. ASTRUE

No. 08-3375.

574 F.3d 625 (2009)

William L. MINOR, Sr., Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 29, 2009.


Attorney(s) appearing for the Case

Vicki A. Dempsey, argued, Hannibal, MO, for appellant.

Kevin B. Murphy, AUSA, argued, Kristi A. Schmidt, SSA, on the brief, Kansas City, MO, for appellee.

Before MURPHY, BRIGHT, and BYE, Circuit Judges.


BRIGHT, Circuit Judge.

Fannie Minor appeals the district court's order affirming an administrative law judge's ("ALJ") denial of her application for Disability Insurance Benefits and Supplemental Security Income payments. On appeal, Minor argues that the ALJ erred in assessing Minor's residual capacity and erred in posing an improper hypothetical to the vocation expert. Having jurisdiction pursuant to 28 U.S.C. § 1291, we reverse and remand the case to the ALJ...

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