O’Connor-Spinner v. Astrue

Federal 7th Circuit Court
Civil Court
Social Security
Citation
Case Number: 
No. 09-4083
Decision Date: 
November 29, 2010
Federal District: 
S.D. Ind., New Albany Div.
Holding: 
Reversed and remanded
Applicant for SSI benefits based on her depression and certain physical impairments was entitled to new hearing where ALJ failed to include applicant's moderate limitation on concentration, persistence and pace in hypothetical he posed to vocational expert when expert concluded that applicant could obtain competitive employment. Ct. rejected Commissioner's argument that ALJ actually accounted for instant moderate limitations by restricting hypothetical to unskilled work since it was unclear that instant hypothetical would cause expert to eliminate positions that would pose significant barriers to someone with applicant's limitations.